Every jurisdiction in the United States has a statute of limitations and a deadline for filing lawsuits. It also implies that failure to file the lawsuit within the stipulated deadline leads to a forfeiture of the claim. This statute of limitations exists to prevent courts from dealing with old cases and to avoid using stale evidence for litigating cases.
In Texas, the statute of limitations for filing a car accident claim for damages is two years from the date of the accident. The only exceptions are when the suit is against a government agency, the claimant is a minor, or it is a sex crime. Other exceptions include some medical malpractice claims, the claim not immediately being discoverable, or the case being related to silica exposure.
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What Does Missing the Personal Injury Statute of Limitations Mean?
“Missing the statute of limitations for filing a personal injury claim in Texas means your claim dies, especially when no exception applies,” says Attorney Felix Gonzalez of Felix Gonzalez Accident and Injury Law Firm. If you sue after the deadline has passed, the defending party will seek a motion for dismissal of your claim.
The basis for the dismissal is that you failed to meet the statute of limitations, and the court will have to oblige, meaning they will throw the claim out, and you can’t negotiate a settlement.
Exceptions & How It Can Be Leveraged
While the general statute of limitations is two years in Texas, there are exceptions that can extend that deadline. Sometimes, depending on the severity of the case, the deadline can be extended for years.
To be sure what applies to your case, it is ideal to talk to an attorney who understands Texas law. Below are some exceptions to the statute of limitations for filing a personal injury claim in Texas:
Claims against the state government
One of the exceptions is when the claim is against the Texas state government due to the principle of jurisprudence. The rule states that you can only sue the government for damages with its permission, mostly because it gets its money from taxpayers. Therefore, suing the government basically means suing all taxpayers in the state of Texas, maybe yourself included.
Therefore, before you can sue the Texas state government, you must fulfill certain conditions, including sending in a notice of claim. You must send this notice within 180 days after the injury occurred, and you must still file the lawsuit within two years.
Suing a county or local government
The local law sets the deadline for which you must file a suit against the local government. The deadline can differ, sometimes being less than 180 days for the state government. Furthermore, you still need to comply with the general deadline and file that lawsuit within two years.
Wrongful death
In wrongful death claims, the plaintiff cannot enforce the claim; their family will have to take up the mantle. As such, while the statute of limitations is still two years, it only starts counting when the victim dies. That can be on the day the accident occurred or years after provided the cause of the death is the injury from the accident.
Plaintiff is a minor
If the plaintiff is a minor (that is, below 18), the deadline only starts running when they turn 18. Once you clock 18, then the general statute of limitations starts counting – that is, you have two years to file a lawsuit.
The plaintiff is mentally incapacitated.
If the accident left the plaintiff mentally incapacitated, they can toll the statute of limitations until they are mentally capable. However, once they regain their mental health, the general statute of repose starts to count.
Conclusion: Texas Statute of Repose
The statute of repose in Texas sets a hard deadline for all claims, meaning claims cannot be stalled or “tolled” forever. Once the statute of repose deadline expires, filing a lawsuit is no longer possible, even if the statute of limitations is extended. In Texas, the statute of repose is ten to fifteen years, depending on the case – ten for medical malpractice and 15 for product liability claims.
