Are there Exceptions to the Statute of Limitations in Texas?

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.

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.

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.

“Justice isn’t a distant goal; it’s the real outcome we pursue for every client, every case, every day.”

Steven Ray York

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Steven Ray York who has more than 20 years of legal experience as a personal injury attorney.