Timing is essential in the personal injury claims process. During your initial consultation, ask your counsel about your statute of limitations or timeline for filing a suit. Knowing your duration will help you act promptly.
“Statute of limitations is the constitutionally allowed time an injury victim has to file a claim against a defendant. A statute of limitations knows how to stop legal claims effectively,” says personal injury attorney Arthur Schechter of Schechter, Shaffer & Harris, LLP – Accident & Injury Attorneys.
This piece gives insights into the personal injury statute of limitations in Texas:
Overview of Statute of Limitations for Personal Injury in Texas
Texas has peculiar rules on personal injury statutes of limitations. It has numerous statutes of limitations for different personal injury scenarios. However, the state’s most pronounced statute of limitations is the two-year general rule.
There are exceptions to this rule. We will discuss them and how they can apply to your case. For instance, the state sometimes extends or shortens the deadline for some reasons. You can understand the conditions that may trigger such extensions or shortages.
An Insight into the Two-Year General Rule
Texas’s general statute of limitations for personal injury claims is two years. The time starts ticking on the date you sustained the injury.
The two-year rule applies to personal injury issues that entail auto accidents, dog bites, defective product or product liability, premises liability (dangerous or poorly maintained property), intentional torts (assault, false imprisonment, or battery), and wrongful death.
Some Exemptions to Texas Personal Injury Statute of Limitations
In some cases, the general rule needs to be revised. There are some specific cases with different deadlines. Typical cases include:
Case of Defamation
People talk carelessly, which can damage the reputation of others. If you are a victim of such a defamatory utterance, you can sue the person for damages.
The law refers to a spoken defamation as “slander” and a written one as “libel.” According to state law, you have one year from the date of the defamatory expression to file a suit against the defendant.
Case of Medical Malpractice
There are several peculiar rules for medical malpractice cases. It is a highly complex and slippery industry. You need high-powered attorney guidance if you want to file for medical malpractice.
When a healthcare provider injures you, you must act within two years of its occurrence or the date you complete treatment, which includes the malpractice.
However, if the victim is a child, the statute of limitations will not start counting until they become an adult. Your attorney can enlighten you on what is obtainable under medical malpractice claims.
3 Conditions Texas Extends Deadline for Filing Personal Injury
The law allows the delay of the commencement of the statute of limitations under certain circumstances. In other instances, the law can pause or “toll” the statute after it has started reading. The three typical cases include:
When the Defendant Is Absent from the State
The statute of limitations stops running whenever the defendant is out of Texas. However, the extension only applies if their absence stops you from suing them.
Some plaintiffs use “service of process” on out-of-state defendants. If your lawyer says the process can apply to your case, you do not need any extension.
The Discovery Rule
Under normal circumstances, the statute of limitations begins to tick on the date you sustain an injury. The two-year general rule applies if the injury is apparent and the circumstances of it are also straightforward.
In some cases, injuries may not be immediately apparent. If you are regularly exposed to insecticides and develop cancer as a result, you may not realize you have the disease until it is diagnosed. That can be several years after your exposure to the insecticide.
The discovery rule addresses situations like this. The statute of limitations does not start when you are not aware of your harm, and you could not have been aware of it even if you were logically diligent. Instead, it begins to tick on the earlier date you discover your harm and its cause or when you should have reasonably detected the injury and its cause if you paid attention to its signs and symptoms.
It is imperative to add that you cannot hide under the discovery rule to buy more time for your straightforward case. The rule has these two crucial caveats:
The Rule Is Specific to Defined Contexts
The state Supreme Court has stated clearly that the discovery rule only works as an exemption from the general rule. It cannot apply to cases where the general rule applies. It should be selectively used in a few cases.
If you need more time for your case, you must prove you are entitled to it. However, the defendant will not sit idly and accept your claim for an extension. Thus, you must engage a reputable local personal injury attorney to lead the battle.
The Discovery Rule Does Not Mean “Forever”
Even when the discovery rule applies to your case, it does not mean you have an endless period to discover your injury. The state has “statute of repose” deadlines.
These deadlines run notwithstanding when or if you are aware of your harm. For instance, the statute of repose for medical malpractice is ten years. In other words, your case becomes time-barred after ten years of malpractice, whether you discover the harm or not.
When the Victim Is Legally Disabled
The law believes that an individual who is legally disabled cannot handle their legal issues without assistance from their parent or guardian. According to Texas law, you are legally disabled if you are younger than 18 or of “unsound mind.”
For such an individual, their statute of limitations will start counting at the end of their disability. It is crucial to add that the legal disability must precede or predate the harm. You are not entitled to an extension if you become legally disabled after your injury.
When You Miss the Statute of Limitations
Some victims usually lose hope that the deadline for their case has gone or is about to expire. If you are in this condition, calm down and quickly engage a Texas personal injury attorney.
The lawyer will explain the applicable deadline in your case. They will also tell you if you are out of time or about to be and if any extension applies to your case.
If your case is time-barred and there is no applicable extension, you may have lost the opportunity to seek compensation. You can consider filing a lawsuit. However, the defendant might call for its dismissal for being out of time. The severity of your injuries or the validity of your case will not move the court if you are acting out of time.
Final Words
It is risky to go into this legal battle without an attorney. After an injury, it is advisable to contact an attorney immediately. When you allow a Texas personal injury attorney to take the driver’s seat early, it is almost impossible to go wrong on the statute of limitations.
The lawyer knows the timeline applicable to your case and how to act swiftly to meet the deadline.