Texas Statute of Limitations Personal Injury. What is it?

After a serious injury, time does matter. The Texas statute of limitations for personal injury law gives you a limited window to take legal action. Once it closes, you could lose your chance to seek compensation altogether. 

Things can move quickly after an accident, and having a legal team ready to act makes all the difference. At TK Injury Lawyers: Austin Personal Injury Lawyer, we help you move forward confidently, without delay.

Texas Statute of Limitations Personal Injury: Time Frame to File an Injury Claim

In Texas, most personal injury lawsuits must be filed within two years of the injury’s occurrence. That deadline usually begins on the day the injury occurs.

• When the Clock Starts: The two-year period typically starts the day the injury happens.
• Situations That Pause or Extend the Deadline: Some claims get more time, like those involving minors, mental incapacity, or delayed discovery.
• What Happens If You Miss It: Filing late usually means the court will dismiss your case.
• Why Acting Fast Helps: Starting early gives your attorney more time to gather substantial evidence.
• Fatal Cases: For wrongful death, the clock starts ticking on the date of death.
• Claims Against the Government: These may require notice within 180 days under the Texas Tort Claims Act.

Limitations that apply to civil injury claims are defined in civil statutes, while wrongful death lawsuits are governed by Texas Civil Practice and Remedies Code § 71.

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What Happens If You Don’t File Within the Two-Year Period?

If two years have gone by since the personal injury or intentional tort claim and you submit a lawsuit, the other party will usually file a motion to dismiss. The court will typically support the dismissal. Even if you’ve sustained substantial damages, the clock has stopped ticking, and you lose your right to negotiate or settle a claim.

Noted Exceptions to the Two-Year Statute of Limitations in Texas

The state has recognized several scenarios that may extend the statute of limitations clock, or at least pause it, after it begins to run. Below are examples of two of these exceptions.

1. If the plaintiff has a legal disability – is under 18 years old, or is not of a sound mind, the clock normally does not start ticking until the litigant reaches the age of majority or is mentally competent to make a claim. This legal exception is listed under Section 16.001 of the Civil Practice & Remedies Code.
2. An exception is noted as well if the defendant, or the party who allegedly caused the injuries, leaves the state of Texas within the two years following the accident. Their absence is not included in the two-year time frame, per Civil Practice & Remedies Code 16.063.

Motions to Dismiss by Defendants Based on Statutes of Limitations

Motions to dismiss by defendants based on statutes of limitations are legal maneuvers aimed at challenging the timeliness of a plaintiff’s lawsuit. Statutes of limitations are laws that set specific timeframes within which legal action must be initiated. When defendants believe that the plaintiff has exceeded the allotted time, they may file a motion to dismiss, arguing that the claim is barred by the applicable statute of limitations.

One of the primary purposes of statutes of limitations is to ensure the timely resolution of legal disputes, promote fairness, and prevent the filing of stale claims when evidence and witnesses may no longer be readily available. The specific limitations periods vary depending on the nature of the legal claim and the jurisdiction. Common types of claims subject to statutes of limitations include personal injury, breach of contract, and fraud.

In a motion to dismiss based on the statute of limitations, defendants typically argue that the plaintiff failed to file the lawsuit within the prescribed time frame. This motion is often filed early in the legal process, challenging the viability of the case before extensive litigation ensues. The court will consider the applicable statute of limitations, the date when the cause of action accrued, and any factors that might toll or pause the limitations period.

Plaintiffs, in response, may present arguments to toll or extend the statute of limitations. Common tolling factors include the plaintiff’s discovery of the injury, fraudulent concealment by the defendant, or the plaintiff’s minority or incapacity at the time of the incident. Courts carefully evaluate these arguments to determine whether the plaintiff has demonstrated a legally recognized reason for extending the limitations period.

While statutes of limitations serve important purposes, the application of these laws can be complex and context-dependent. Courts must balance the need for finality in legal matters with the recognition that some circumstances may justify deviations from strict time limits.

It’s essential for both plaintiffs and defendants to be vigilant about statutes of limitations, as they can significantly impact the outcome of a case. Plaintiffs must file their claims within the prescribed time frame to preserve their legal rights, while defendants may leverage the statute of limitations as a potent defense strategy.

Legal professionals play a crucial role in navigating these complexities, ensuring that their clients’ rights are protected and that the legal system operates fairly and efficiently. As such, a comprehensive understanding of the relevant statutes, case law, and exceptions is vital for those involved in litigation.

Exceptions to the Statute of Limitations in Texas

While the statute of limitations is a strict deadline in the majority of injury cases, there are some exceptions in limited cases. However, you should never assume that an exception applies to your situation. Instead, you should always have an Austin personal injury attorney from TK Injury Lawyers assess the matter.

Below are some examples of possible exceptions when the statute of limitations might be extended longer than two years for a personal injury case in Texas.

Discovery Rule

One of the common exceptions to the statute of limitations is the discovery rule. Under the discovery rule, the statute of limitations begins to run from the date the injury is discovered, or when the injured person should have reasonably discovered they had an injury.

This rule applies in cases where the injury is not immediately apparent or when the responsible party fraudulently concealed the injury. For example, if you were exposed to toxic chemicals that caused you harm, but you only became aware of the harm several years later, the statute of limitations may start from the date you discovered the injury.

The Victim is a Minor

Another exception to the statute of limitations is the tolling of the limitations period for minors. When a child is injured, the statute of limitations is typically tolled or suspended until the child reaches the age of 18. Once the child turns 18, they will have the same two-year window to file a personal injury lawsuit as an adult. This exception recognizes that children may not be able to fully understand their legal rights or pursue a claim on their own and allows them additional time to take action.

Mental Incapacitation

Additionally, Texas law provides for a tolling of the statute of limitations for individuals who are mentally incapacitated or deemed legally incompetent at the time of their injury. In these cases, the limitations period is tolled until the person regains their mental capacity. This exception ensures that those who are unable to protect their own legal interests due to mental incapacity are not unfairly barred from seeking compensation for their injuries.

Fraudulent Concealment

If the party that caused the injury took steps to fraudulently conceal their misconduct and liability for the harm, the statute of limitations will be tolled until the liability is discovered. For example, if a doctor commits a surgical error and actively conceals it from a patient, the statute of limitations can be paused until the patient discovers the doctor’s fraudulent concealment. This is similar to, but distinct from, the discovery rule.

The Faster You Start the Process, the Stronger Evidence Your Attorney Might Collect

The statute of limitations is not the only time-related concern you have after an injury, as preserving and securing evidence is pivotal to your case. Waiting too long to call an Austin personal injury attorney can lead to the deterioration or disappearance of critical evidence, significantly weakening your chances of a successful personal injury claim.

Witness Recollection

Time can erode the memories of witnesses who may have observed the incident or can provide essential details about the circumstances leading to the injury. Statements made closer to the time of the incident are generally more accurate and reliable. Delaying legal action may result in witnesses forgetting key details or becoming less certain about what they witnessed.

Surveillance Footage

If the incident occurred in a public place or an area under surveillance, there may be security camera footage capturing the event. However, surveillance footage is often only retained for a limited time before being overwritten. Acting promptly allows your attorney to secure this footage before it is lost, providing valuable evidence to support your case.

Physical Evidence

The preservation of physical evidence is time-sensitive. This includes preserving the condition of the scene where the incident occurred, such as a hazardous walkway or a defective product. Weather conditions, human activity, or alterations to the environment can compromise the integrity of the evidence. Prompt legal intervention ensures that investigations can be conducted while the evidence is still fresh.

Medical Records and Expert Testimony

Seeking immediate medical attention after an injury is not only crucial for your health but also for building a strong personal injury case. Prompt medical care establishes a clear connection between the injury and the incident, and medical records serve as vital evidence. Delaying medical treatment may give rise to questions about causation and the severity of the injuries.

Consulting with a personal injury attorney as soon as possible after an incident ensures that a thorough investigation can be initiated, preserving and documenting crucial evidence. Attorneys have the experience to navigate legal complexities, communicate effectively with relevant parties, and build a compelling case on your behalf.

The preservation of evidence is paramount in personal injury cases, and the timely involvement of an attorney can make a significant difference in the strength and success of your claim.

Identifying Your Losses

The covered losses – or legal damages – you suffer as a result of the other party’s negligence can be immense, and a critical element of your claim is ensuring that all such losses are well accounted for.

Medical Expenses

The medical expenses you experience in relation to your personal injury claim may be ongoing. The more serious your injuries, the more extensive you can expect your medical expenses to be, and if you experience secondary health concerns or complications, these costs can be compounded. Common medical expenses include:

1. Emergency care
2. Surgery
3. Hospital care
4. Medical plans including treatments, procedures, and tests
5. Pain management
6. Rehabilitation
7. Physical therapy
8. Occupational therapy

Lost Income

While you are on the path toward recovery, you are very likely to be off the job and experience lost earnings as a result. This is difficult enough in the face of all those medical expenses, but if your earning potential is affected, it can be more so.

Pain and Suffering

The pain and suffering – both physical and emotional – you experience as a result of someone else’s negligence should receive the attention it deserves. Overcoming this category of loss can be exceptionally challenging.

Settling your claim before you understand the full extent of your losses can leave you with far less compensation than the amount to which you are entitled – and that you need to fully recover.

Contact an Austin Personal Injury Attorney to Avoid Losing Your Rights

If you have been hurt because of someone’s negligence or have been involved in an incident that involved an intentional tort, you need to contact a personal injury attorney without delay.

Time’s running out. Call TK Injury Lawyers: Austin Personal Injury Lawyer at (512) 910-2000 to protect your rights and secure the compensation you deserve. Schedule your free consultation.