If you’ve been hurt in an accident in Texas, it’s necessary to understand the “statute of limitations,” which can impact your right to seek compensation for your injuries. This is a deadline for filing a personal injury lawsuit in civil court.
While this deadline is generally strict, there are potential exceptions to this rule that might apply to your case. A Dripping Springs personal injury lawyer can assess your overall situation, ensure you file within the appropriate time frame, and explore any exceptions that could benefit your claim.
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Statutes Of Limitations: The Basics
The statute of limitations tells you how long you have to start a legal case after something happens.
In Texas, here are some important time limits:
- Personal Injury: If you’re hurt in an accident, you usually have 2 years from the day of the accident to start a lawsuit.
- Medical Malpractice: If a doctor makes a mistake that hurts you, you have 2 years from when the mistake happened or when you found out about it.
- Property Damage: If someone damages your stuff, you have 2 years to sue them.
- Wrongful Death: If someone dies because of an accident, their family has 2 years from the day the person died to start a case.
If you wait too long and the time runs out, you might not be able to sue at all – even if you have a really strong case.
Possible Exceptions To The Statute Of Limitations
Sometimes, the normal time limits don’t apply. Here are some situations where you might get more time:
- Discovery Rule: Sometimes, you don’t know right away that you’ve been hurt. For example, if a doctor makes a mistake during surgery, you might not find out until later. In cases like this, the clock might not start until the day you found out (or should have found out) about the injury.
- Minor Children: If someone gets hurt when they’re under 18, the timer doesn’t start until their 18th birthday. So they have until they turn 20 to start a case.
- Mental Incapacity: If someone has a serious mental illness or injury that stops them from understanding their legal rights, the timer might not start until they get better.
- Defendant Leaves the State: If the person who caused the accident leaves Texas, the time they’re gone might not count towards the time limit.
- Fraud or Concealment: If someone tricks you or hides information to stop you from filing a lawsuit, you might get more time.
- Continuing Tort: If someone keeps doing something that hurts you over time, the timer might not start until they stop.
Remember, these exceptions are complex and don’t apply to every case. Courts are careful about using them. Talk to a lawyer as soon as possible if you think you might have a case.
Are There Reasons I Cannot Use An Exception To The Statute of Limitations in Texas?
The statute of limitations sets a time limit for when you can file a lawsuit. In Texas, there are some exceptions that can pause or restart this clock.
But sometimes, you might not be able to use these exceptions. The main ones in Texas are:
- Discovery Rule applies when you could not have known about your injury right away.
- Tolling pauses the clock for certain reasons, like if you were a minor when the injury happened.
- Fraudulent Concealment: This is when someone hides information to prevent you from filing a lawsuit.
Now, here’s why you might not be able to use these exceptions:
- You can’t use the discovery rule if you knew or should have known about your injury.
- Even with exceptions, there’s often a maximum time limit. If you wait too long, you might lose your chance.
- Some exceptions only apply to certain people, like minors or people with mental disabilities.
- If the other side can show you knew about the injury earlier, you might not be able to use an exception.
- Some types of cases have strict time limits that don’t allow for exceptions.
- Even if you discover an injury late, you need to act quickly once you know about it.
- Sometimes, a judge might decide that using an exception wouldn’t be fair to the other side.
These rules can be complicated, and so talk to a lawyer who knows Texas law well. They will help you understand if you can use an exception in your case.
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What Is the Statute of Limitations for Different Cases in Texas?
Different types of cases in Texas have different time limits. Here’s a simple guide to help you understand
- For personal injury, you usually have two years from the date of the injury to file a lawsuit.
- Medical Malpractice time limit is two years from when the injury happened or when you should have known about it.
- Property Damage is two years from when the damage occurred.
- Breach of Contract. For written contracts, you have four years. For verbal contracts, it’s four years too.
- For fraud, you have four years from when you discovered it or when you should have discovered it.
- If someone owes you money, you have four years to file a lawsuit.
- For wrongful death, you have two years from the date of death to file a case.
- With product liability, you have two years from when the injury happened.
- Libel or slander cases have a 1-year time limit from when the statement was made.
- Government Claims. If you’re suing the government, you often have much less time – sometimes just a few months.
These time limits can change in certain situations. For example:
- If you were a minor when the injury happened, the clock might not start until you turn 18.
- If you have a mental disability, the time limit might be paused until you’re better.
- If the person who harmed you left Texas, the clock might stop while they’re gone.
Also, some cases have special rules. For example, in construction defect cases, you might have up to 10 years to file a lawsuit.
If you miss the deadline, you might lose your chance to file a lawsuit forever. That’s why it’s important to act fast and talk to a personal injury lawyer as soon as possible if you think you have a case. They can help you understand exactly how much time you have and what you need to do next.
Texas Statute of Limitations by Claim
The statute of limitations is the legal deadline by which you must file a lawsuit if you’ve been harmed. In Texas, this period varies depending on the type of claim you are filing.
Personal Injury
For personal injury claims, such as car accidents or slip-and-fall incidents, the law typically allows two years from the date of the injury to file a lawsuit. Missing this two-year window can prevent you from pursuing compensation, regardless of the severity of your injury.
Medical Malpractice
In medical malpractice cases, the statute of limitations is also generally two years, but an exception exists under the discovery rule. If an injury, such as a surgical error, isn’t discovered immediately, the statute might begin on the date the injury was reasonably identified, rather than the date the procedure occurred.
Wrongful Death
For wrongful death claims, where a loved one has died due to someone else’s negligence, the family typically has two years from the date of death to file a lawsuit. This time frame is crucial for seeking justice and compensation for the loss of a loved one.
Property Damage
In cases involving property damage due to negligence, the statute of limitations is two years. To recover the cost of repairs or replacement, you must file a lawsuit within this time period.
What Happens If the Statute of Limitations Expires?
When the statute of limitations expires, the legal consequences are significant.
Loss of Right to Sue
If you miss the deadline, you generally lose the right to sue. The court is likely to dismiss your case, even if you have compelling evidence. The defendant can use the expired statute of limitations as a defense, which could result in your case being thrown out.
Exceptions to the Rule
Certain exceptions can extend the filing deadline in specific situations:
- Discovery Rule: If the injury was not immediately apparent, such as in medical malpractice cases, the statute of limitations may not begin until you discover the harm.
- Defendant Leaves the State: If the person responsible for your injury leaves Texas, the time they are gone does not count towards the statute of limitations.
- Fraud or Concealment: If the defendant intentionally concealed their wrongdoing to prevent you from filing a lawsuit, the statute of limitations may be extended.
It’s important to understand these exceptions and consult a lawyer to see if they apply to your case.
Should I Talk to a Lawyer Even If I Think It Is Too Late?
Absolutely. Even if you think the statute of limitations has passed, it’s still worth consulting with a lawyer. There are several reasons why:
Discovery Rule and Mental Incapacity
Under the discovery rule, the statute of limitations may start later if you didn’t immediately realize you were injured. Additionally, if someone is mentally incapacitated, the statute might not begin until they regain capacity to understand their legal rights.
Fraud and Other Exceptions
In cases where fraud or concealment has occurred, or if the defendant left the state to avoid being sued, the statute of limitations might be extended. A lawyer can help you identify whether any of these exceptions apply to your case.
Explore Legal Options
Even if none of the exceptions apply, it’s still a good idea to speak to a lawyer. They can assess your situation, explain your options, and provide clarity on whether you have any recourse. It’s a quick step that could open doors you didn’t know existed, giving you peace of mind or possibly revealing new legal avenues to pursue compensation.
A Texas Personal Injury Lawyer Can Help
If you’ve been hurt in an accident in Dripping Springs, Texas, talk to a personal injury lawyer right away.
At York Law, our lawyers will determine your filing deadline, check for exceptions, protect your rights, gather evidence, and deal with insurance companies. We will also explain your compensation options.
Don’t wait—the clock is ticking on your right to sue. Contact us at (619) 233-1033 or online to ensure you get the compensation you deserve.
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