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Texas Statute of Limitations

Texas’s statute of limitations on injury claims can impact your ability to receive compensation for your personal injury claim, so we want to make sure you have a firm understanding of how long you are eligible to take legal action.

The statute of limitations in Texas states that a person has two years to file a personal injury claim after receiving a personal injury, including:

• Car accidents
• Wrongful death
• Property damage
• Medical malpractice
• Product liability (although in some cases you could file a product liability claim up to 15 years later, see Code 16.012)

If you do not file your personal injury claim within the two-year time period, the defendant (the person or party who injured you) can file a “motion to dismiss” your claim. If this happens, you will likely not receive any compensation for your claim even if your injuries are severe or the defendant is obviously at fault.

The time window in which you must file a claim begins at the moment of the “cause of action,” or the moment you are aware of your injury. Also, note that the claim must be filed within two years of the cause of action—it does not need to be brought to court or heard by a jury during that window to be considered a valid case.

Since your promptness in filing your case can drastically change the outcome of your case, we recommend that you contact a competent legal firm immediately. The sooner you file, the more likely we’ll be able to help you win compensation for the full amount you deserve. Call Portner Bond, PLLC at (409) 838-4444 today to begin the process with a risk-free consultation.

Statute of Limitations

Memories and evidence fade with time. If an event happened more than two years ago, it’s likely that people’s memories regarding the incident will be flawed. Also, most evidence from that long ago will no longer be in existence by the time your case is filed.

In addition, Texas wants to encourage plaintiffs (those accusing the defendants) to be diligent and earnest in seeking legal action. The statute protects defendants from being dragged into drawn-out, unfair, or unreasonable trials.

Exceptions to the Statute of Limitations

The following are some possible exceptions to the Statute of Limitations. The plaintiff might be granted more time to file if:

• The plaintiff was under the age of 18 or otherwise of an “unsound mind” at the time of the incident. Texas law provides that the time of the disability is not included in a limitations period, so the standard two-year statute of limitations becomes applicable only when a victim turns 18 or their disability is cured.
• The plaintiff was exposed to asbestos or silica. For injury claims regarding exposure to asbestos or silica, Texas has a statute of limitations of two years after diagnosis of the asbestos- or silica-related disease for personal injury and two years after death for wrongful death claims.
• The defendant was outside of the state of Texas or tried to conceal themselves for a significant portion of the two-year window.
• The defendant tried to cover up the injury.
• There is some discrepancy about when the cause of action could have reasonably been identified.
• Certain criminal offenses were committed. State law also allows up to 15 years for a person to bring suit for personal injury caused by certain criminal offenses, such as indecency with a child, sexual assault, or trafficking of persons.

Determining whether you qualify for any of these exceptions can be complicated. We highly recommend you consult with an attorney at Portner Bond, PLLC regarding the status of your case to determine the best way to move forward with your personal injury claim. Work with one of our award winning Beaumont personal injury attorneys by calling (409) 838-4444 today.