Texas Statute Of Limitations: An Overview
A statute of limitations defines the period during which you must file a lawsuit. If the period passes, you cannot bring a legal action anymore. This rule ensures a swift resolution of disputes and the preservation of evidence. In Texas, the statute of limitations for injury lawsuit varies depending on the type of lawsuit.
Personal injury lawsuits
In Texas, the statute of limitations for personal injury lawsuits is within two years. This two-year limit starts from the date of the injury. If you fail to file a lawsuit within this time, you lose the right to sue for damages. Let’s take an example. If you got involved in a car accident and sustain injuries on January 1, you must file your lawsuit by December 31 two years later.
There are exceptions though. If you didn’t discover your injury immediately, the two-year limit starts from the day you could have reasonably known about it. This applies particularly to medical malpractice cases.
If you have any questions regarding personal injury lawsuits, a car accident lawyer in Fort Worth, TX can provide insight.
Property damage lawsuits
Property damage lawsuits also have a two-year statute of limitations in Texas, starting from the date of the damage incident. This covers incidents like car accidents or damage from a neighbor’s tree falling on your property. Again, if you fail to submit a lawsuit within this duration, you lose your right to pursue the case legally.
Wrongful death lawsuits
In wrongful death cases, Texas law allows plaintiffs to file lawsuits within two years of the death. This period starts from the day the person died, not the day of the incident causing the death. However, if you didn’t know the cause of death initially, the two years might start from when you learned or should have learned about it.
Exceptions to the statute of limitations
Texas law has certain exceptions to these rules. Situations like the plaintiff being under 18 years old or mentally incompetent can prolong the statute of limitations. The deadline is often delayed until the disability ends. For example, if a minor is injured, they can file a lawsuit within two years after turning 18.
You should consult with legal professionals in such situations. A car accident lawyer in Fort Worth, TX, might shed light on how these exceptions could affect your case.
Conclusion
Understanding Texas statute of limitations is vital for anyone considering a lawsuit in Texas. These rules can seem confusing and varied based on specific circumstances. Professional advice from a legal expert, like a car accident lawyer in Fort Worth, TX, can help guide you through the legal process. They can give you advice tailored to your specific case, ensuring you meet key deadlines and don’t forfeit your legal rights.
