Understanding the Statute of Limitations and Your Personal Injury Case
Think of the statute of limitations as a countdown to zero on a clock attached to a bomb. When the countdown reaches zero, the bomb explodes and destroys your personal injury claim. Your personal injury claim dies because you can no longer take your claim to court once the statute of limitations deadline expires. You cannot even reach a settlement because you will have no bargaining power without the ability to enforce your claim in court.
The Various Versions of the Texas Personal Injury Statute of Limitations
The statute of limitations sets the deadline by which you must either finalize a settlement (with a signed settlement agreement) or file a lawsuit. If the applicable deadline passes and you have done neither, you can no longer take your claim to court. Without the ability to take your claim to court, you will have no bargaining power to negotiate a settlement.
The General Personal Injury Statute of Limitations
The general Texas personal injury statute of limitations is two years after the date of the injury. However, numerous exceptions are laid out below.
Wrongful Death
The statute of limitations countdown for wrongful death begins on the date of death, not the date of injury. Of course, there is no difference if the victim dies on the date of the injury.
Tolling the Statute of Limitations
Let’s go back to the countdown analogy. Tolling the statute of limitations means stopping the countdown temporarily. Texas law tolls the statute of limitations deadline for a variety of reasons. When the tolling period ends, the countdown resumes.
The Discovery Rule
The discovery rule applies to medical malpractice claims. You might be injured without realizing it, or you might not realize that the source of your injury was medical malpractice. In that case, the statute of limitations deadline is tolled until you discover the cause, or you should have discovered it, whichever comes first.
Minor (Under 18)
If you were a minor (under 18) at the time of your accident, Texas law tolls the statute of limitations until your 19th birthday. At that point, the clock starts ticking again.
Mental Infirmity
The statute of limitations clock stops ticking while you are mentally incompetent and starts ticking again once you regain competency.
Lawsuits Against the Government
To file a lawsuit against a government entity, such as a publicly owned institution, you must provide advance notification to the defendant. This notification comes with its own deadline for filing the notice, depending on which government entity you plan to sue. Typically, the deadline is six months after the date of your injury. In some cases, such as lawsuits against cities, the deadline can be as short as 90 days.
Since the normal statute of limitations deadline for filing a lawsuit still applies, you have two deadlines to comply with.
Out-of-State Defendant
Texas cannot enforce a claim against an out-of-state defendant. Consequently, the statute of limitations is tolled until the defendant returns to Texas.
Fraudulent Concealment
Texas tolls the statute of limitations if the defendant fraudulently conceals their wrongdoing from you, Think of a doctor who falsified medical records, for example.
Childhood Sexual Abuse
On September 1, 2019, Texas extended the deadline for filing a lawsuit over childhood sexual abuse from the victim’s 33rd birthday to the victim’s 48th birthday. The changes are not retroactive. If you turned 33 before September 1, 2019, without filing a lawsuit, the new law will not revive your claim.
The Statute of Repose
The statute of repose is the ultimate deadline by which you must file a lawsuit or forever give it up. What’s significant about it is that it applies even if the statute of limitations is tolled, for example, for some reason, such as the discovery rule. For medical malpractice, the statute of repose is ten years after the injury. For product liability, it’s 15 years after the injury.
Contact the Texas Personal Injury Lawyers of The Law Firm of Alton C. Todd Personal Injury Lawyers for Help Today
Helping you avoid breaching the statute of limitations deadline is only one of the many ways that a Texas personal injury attorney can help you. Yes, you might “win” your claim without a lawyer, but how much will you win? A good personal injury lawyer can increase the value of your claim enough to more than pay for their fees. And remember–with most personal injury lawyers, you only pay attorney’s fees if you win.
Please contact an experienced personal injury lawyer at The Law Firm of Alton C. Todd Personal Injury Lawyers to get a free initial consultation today. We have offices in Friendswood and Galveston, Texas. Call us at (281) 612-7550.
The Law Firm of Alton C. Todd Personal Injury Lawyers – Galveston Office
2101 Mechanic St. Suite 253
Galveston, TX 77550
409-904-0753
The Law Firm of Alton C. Todd Personal Injury Lawyers – Friendswood Office
312 S. Friendswood Dr.
Friendswood, TX 77546
281-992-8633
