It isStatute of Limitations on a Texas Personal Injury Claimis two years from the time the cause of action arose, unless there is an exception, for example B. when the plaintiff is a minor, the plaintiff is the victim of a sexual crime, the claim is postponed, the claim is related to specific medical malpractice, claim is governed by the laws of the sea, or claims are related to asbestos or silica exposure. It is best to consult a personal injury attorney to determine the SOL in your specific case.
The general limitation period for personal injury is 2 years
In the state of Texas it is thestatue of limitationsfor most personal injury claims, it is two years from the date the cause of action arose. See Texas Code of Practice and Civil Remedies, Section 16.003. A cause of action normally "arises" at the time when damages caused by third parties must be recognized. In most cases, this is the date the breach occurs, but there are several exceptions to this rule, as explained below. ONEPersonal Injury Lawyer in Houston, TXcan review your case and determine if exceptions apply to your case.
What are the exceptions to the Texas statute of limitations?
There are six main areas for exceptions to the two-year statute of limitations for filing personal injury claims in Texas. These are:
- Complaints from Minors
- sex crimes against adults
- Claims where the breach is subject to the discovery rule
- Medical malpractice claims
- Auto liability insurance claims
- Certain Maritime Claims
- Claims related to asbestosis and silica.
What is the statute of limitations for children in Texas?
The two-year limitation period for bodily harm is suspended in the case of minors up to the age of majority (18). In the case of an injury to a minor, the statute of limitations generally does not run until the child reaches the age of 20. However, this time may be shorter for medical malpractice claims due to liability reform restrictions. See the Medical Malpractice Claims section below. This toll regulation does not apply even if the violation leads to the death of a minor. This is because the law often provides additional protection for children. They are not considered mature enough to make independent legal decisions. Therefore, the two-year limitation period does not begin on the day of the infringement.
What is the statute of limitations for sex crimes against minors in Texas?
Section 16.0045(a) of the Texas Code of Practice and Civil Remedies requires a person to file a personal injury claim no later than 15 years from the date the cause of action arose if the damage resulted from conduct in violation certain provisions of the sections violates Articles 21 and 43 of the Texas Penal Code, which prohibit:
- sexual assault on minors
- serious sexual assault of a minor
- Indecency with a minor
- Promotion of child prostitution
- continued sexual assault on a minor
- sex trafficking of minors.
Special prescription periods therefore applyAllegations of assault and sexual abuseagainst minors.
What is the statute of limitations for adult sex crimes in Texas?
The statute of limitations for sex crimes against adults is five years from the time the cause of action arose. Section 16.0045(b) of the Texas Code of Practice and Civil Remedies requires that a person file a personal injury claim no later than five years from the date the cause of action arose if the damage resulted from conduct in violation certain provisions of Sections 21 and 43 of the Texas Penal Code, which prohibit:
- adult sexual assault
- serious sexual assault by an adult
- Promotion of adult prostitution
- sex trafficking with an adult.
What claims are subject to the Texas Discovery Rule?
If a breach is "inherently undetectable" or unlikely to be discovered within the two-year statute of limitations through the exercise of due diligence, the claim may be subject to the discovery rule.If the court determines that the discovery rule applies, the limitation period is suspended to the point where the damage would have been discovered if due diligence had been applied. However, this is an exception to the very strict rule, not intended for widespread use. To seeInternational Computer Association, Inc. v. Altai, Inc., 918 S.W.2d 453, 455 (Tex. 1996).
What is the statute of limitations for medical malpractice claims in Texas?
A two-year statute of limitations applies to treatment errors. (Unless one of the above exceptions applies.) However, you should be aware that Texas liability reform has imposed additional limitations on medical malpractice claims that limit what and when the exceptions can apply.There is a 10-year grace period that prevents even minors from making claims more than 10 years after the incident. Therefore, in medical malpractice cases, you should seek the advice of a lawyer as soon as possible to see what rules apply to your case.
What is the statute of limitations for third party auto insurance claims in Texas?
The limitation period for personal claims is contractually determined. They usually stay in Texas for two to four years. If you are making an uninsured driver, underinsured driver or personal injury claim, please submit aOwn performance claim against your own insuranceafter a written contract. If they fail to pay after you file a claim with them, you have the right to sue them for breach of contract and/or declaratory judgmentact of judgment. The limitation period for breaches of contract and declaratory judgment is generally four years from the day of the accident. The statute of limitations for personal injury claims is usually determined by your insurance policy. They are usually three years, but you should always check your own contract for any changes or alterations. Additionally, if an agent is negligent in handling the claim, that negligence claim may have a two-year statute of limitations.
What is the statute of limitations for marine claims in Texas?
Although three years is common, marine accidents are subject to various statutes of limitations that may apply under state and federal law. It varies by countrywhether your case is on land or sea, on a waterway, dock or ocean, and other factors. Depending on how and where the accident occurred, your case may fall under state personal injury law, state compensation laws, the Federal Longshoremen and Coastal Workers Act, or the Jones Act. For a complete explanation, please visit the following link for a complete explanation ofLimitation period for maritime transport claims.
What is the statute of limitations for asbestosis and silica related injury claims in Texas?
Under the Texas Code of Practice and Civil Remedies, Section 16.0031, a cause of action for personal injury or death caused by asbestosis or silica-related illness has an extended statute of limitations. The cause of action arises from the first of the following cases:
- the date of death of the exposed person or
- the date the plaintiff files a required report on a defendant.
This means that the 2-year limitation period only starts to run if the first of the two mentioned events occurs.
Paul Cannon has been practicing personal injury litigation since 1995. Since 2005, he has been certified by the Texas Board of Legal Specialization in personal injury litigation. He was recognized by Thompson Reuters as a Super Lawyer for 2017-2020 and as one of the Top 100 Trial Lawyers by the National Trial Lawyers Association 2017-2020. He is a shareholder, litigator and online marketing manager for Simmons and Fletcher, P.C. His legal writings have been published by the Texas Bar Journal, Business.com, Lawyer.com HG Legal Resources, Lawfirms.com and others. He has been invited to give lectures and media interviews on personal injury law issues.
See all posts by Paul Cannon