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The Statute of Limitations on Personal Injury Cases in Texas


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6/10/2014
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Texas Statutes of Limitations

Statutes of limitations are laws that set time limits on how long you have to file a lawsuit or how long the state has to prosecute someone for committing a crime. These time limits usually depend on the legal claim or crime involved in the case, and they're different from state to state.

General rules:

  • The time period begins on the date your claim arises or occurs. For example, the day the car accident happened.
  • Once the statute of limitations has expired, you likely will be unable to successfully pursue a lawsuit regardless of the merits of your claim.

Here is a list of a few statutes of limitations in Texas:

  • Contract : 4 years
  • Fraud: 4 years
  • Legal Malpractice: 2 years
  • Medical Malpractice: 2 years (but before 10 years from the date of the act or omission)
  • Personal Injury: 2 years
  • Product Liability: 2 years (but before 15 years after date of the sale)
  • Property Damage: 2 years
  • Slander: 1 year
  • Trespass: 2 years
  • Wrongful Death: 2 years

There are some limited exceptions that may apply to the general statutes of limitations, such as the legal-injury rule, the continuing tort doctrine, the discovery rule, legal disability, etc., that may toll the specific statute of limitations applicable to your situation.  Also, be aware the laws are subject to change at any time. You are able to check the most current laws here.

If you believe you have a claim, it’s important that you speak with a qualified personal injury attorney as soon as possible to discuss your case.



Category: Personal Injury


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