July 18, 2019

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Texas Statutes of Limitations for Civil Cases

If you or a loved one has suffered a physical injury or some other type of harm, including financial, emotional or psychological, due to someone else’s negligence, you may be awarded monetary compensation to help with medical bills and other costs associated with the injury or death. An experienced Texas personal injury lawyer can advise you on whether or not you have a case against the negligent party.

Texas negligence claims

In Texas, you can pursue several different types of negligence cases. Some involve surgeries gone bad, which might be considered medical malpractice, and some involve faulty products, defective cars, and defective medical devices that cause problems after they’re implanted into a human body. If you’ve been injured due to someone else’s negligence or by a faulty product, the time to act is now because you must take legal action before the applicable statute of limitations expires.

What is a statute of limitations?

One very important part of any personal injury case is determining if you have taken legal action prior to the expiration of the statute of limitations for the particular type of personal injury case you have (medical malpractice, product liability, breach of contract, etc.). Statutes of limitations vary for the different areas of personal injury law, so don’t delay in contacting an experienced Texas attorney to ensure you can take legal action before the statute of limitations has expired.

Just think of the statute of limitations as the time period allowed to take legal action following an accident or injury. These laws restrict the amount of time people have to file a lawsuit against a negligent party. When the time period expires, your case to recover monetary compensation for your injuries, medical bills and other damages will be barred.

Texas personal injury statute of limitations

In Texas, the time period to file a personal injury lawsuit is just two years. That time period begins from the date of injury or death. Because the statute of limitations is so short, it is important not to waste any time once you realize your injury or a loved one’s death was due to someone else’s negligence. Contact an attorney as soon as possible so your attorney can begin investigating your claim.

Texas medical malpractice statute of limitations

The statute of limitations for Texas medical malpractice cases is two years from the date of injury or death. The two-year time period applies to all minors over the age of twelve, but if a child is under 12, the legal action must be taken before the child’s 14th birthday. Texas law also states that if the harm occurred as part of an ongoing course of health care treatment, the time-period does not begin until that course of treatment has stopped. Texas also has a statute of repose that bars medical malpractice lawsuits if more than ten years has passed since the medical error.

Texas product liability statute of limitations

Product liability cases in Texas must also be filed within two years from the date of injury. It is easier to determine the date and time of injury with faulty autos, bad high chairs and defective appliances. However, with a defective medical device or a defective drug, the injury might not be readily apparent.

Texas statute of limitations for breach of contract cases

Under the Texas Civil Practices & Remedies Code Section 16.051, you have four years to take action for a breach of contract in the Lone Star State, but there are exceptions to this statute such as if the parties have agreed to a different limitations period in their contract. You will need a commercial litigation attorney to explain the specifics of the Texas breach of contract statutes of limitations.

Texas criminal charges are a different area of law, and the statutes of limitations vary greatly for violent crimes like armed robbery, home invasion, rape and murder.

About Lynn Fugaro

Lynn has been writing web content since 2007 after a lengthy career as a middle school English teacher and administrator. Writing web content seemed a natural progression following a career teaching adolescents about the beauty and the power of the written word, and she quickly got hooked on the challenge of writing SEO- and reader-friendly content that could be found on Page 1 of Google and other search engines.

Having written content for physicians and attorneys for the first few years of her writing career, Lynn has most recently produced original, informative, entertaining, and relevant content for the entertainment industry, the automotive industry, senior communities, pet rescues and numerous other businesses hoping to increase website traffic and page views for all clients looking for informative, vibrant content.