Statute of Limitations - Texas | TheLaw.com - Free Legal Help Guide | Lawyers

Statute of Limitations - Texas

Posted by admin on 25 February, 2009

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Texas Statute of Limitations

Explanation, Information and Statutory Time Periods

What is the Statute of Limitations: A "statute of limitations" is a law that places a limit on something and is typically applied to time - how much time you have to file a lawsuit after an action occurs for which a lawsuit could be brought. Once the time expires, a court will not allow a lawsuit to proceed on the matter. For example, if you were injured in a car accident, your state might impose a time period of 3 years from the date the accident occurred for you to get your case together and file a lawsuit in the appropriate court. If you tried to bring your case 3 years and 1 day later, the defendant can move to dismiss the case due to the expiration of the statute of limitations. A reason why this is done is so that a defendant can defend a case in a timely fashion and the court can hear fresh recollections of witnesses - not old, fading memories which won't be useful in determining the true facts of a case.

When does the Statute of Limitations Begin: In general, the statute of limitations begins to run at the time when a "claim accrues" or the time when the injury is suffered (and thus a lawsuit could be filed due to that injury.) There are some exceptions, which are explained below.

The Discovery Rule: There are times where it isn't reasonably possible for a person to realize that an injury occurred. It wouldn't be fair to make that person responsible to bring a case in a timely fashion if he or she didn't know that there even was a case to be brought. For example, an estate planner embezzles money from an estate which is concealed and not discovered until years later or a doctor leaves an object inside a patient after surgery that is only discovered later when complications arise. As a result, in these cases where it's not immediately apparent that an inury occurred and a case could be brought, the statute of limitations commences to run when a person discovers, or in the exercise of reasonable care should discover, injury due to another’s negligence.

Statute of Repose: This differs from the Statute of Limitations. Statutes of Repose (also abbreviated as "SOR") typically apply in products liability cases and designed to limit the exposure of manufacturers and resellers. The SOR runs from a specific date, regardless of whether a claim or injury has accrued. This means that there can be times where even if an injury occurs, the SOR can bar a claim from being brought. For example, if a Statute of Repose states there is only a 10 year window from date of manufacture of blue widgets, then even if an injury occurred 11 years after the manufacture of a blue widget, the injured party would be barred from suit. The reason for the SOR can be explained by 4 American Law of Products Liability 3d §47:55):

"Unlike statutes of limitation, that are designed to prevent plaintiffs from sleeping on their legal rights to the detriment of a defendant, repose statutes applicable in products liability cases focus on the age of a product, rather than on the plaintiff's conduct. The repose period serves as an absolute barrier that prevents a plaintiff's right of action. In other words, the period of repose has the effect of preventing what might otherwise have been a cause of action from ever arising."

Delaying or "Tolling" the Statute of Limitations: There are times when it wouldn't be fair to use a harsh application of the statute of limitations and the time when it begins to run should be delayed or stopped from running. For example, if a victim was a minor or disabled at the time an injury occurred, that person would not be able to bring a case and should not be punished for being unable to do so. Typical reasons include minority, mental incompetence, bankruptcy, ando other specific instances. Using minority as an example, if the statute of limitations was 3 years, once the minor became an adult under state law, this new adult would have 3 years to bring a case or it will expire.

Time Limitations Schedule for Specific Actions

Personal Injury and Negligence
2 years. Use the Discovery Rule.

Comparative Negligence
A pure comparative negligence division applies (each party assigned a percentage.)

Medical Malpractice
2 years generally with Discovery Rule and a 10 year Statute of Repose.

Legal Malpractice
2 year - use the Discovery Rule but it could be up to 10 years.

Other Malpractice
2 years generally with Discovery Rule and a 10 year Statute of Repose.

Products Liability
2 years.

Contracts
4 years if written, 2 years if oral.

Wrongful Death
2 years, use the Discovery Rule.

Intentional Torts
1 year.

Fraud
4 years.

Libel / Slander / Defamation
1 year.

Injury to Personal Property
2 years.

Discovery Rule
The Texas rule is the standard discovery rule.

Disabilities
SOL does not run until the disability ceases (infancy - to age 18, insanity). Infants have a 10 year Statute of Repose and Statute of Limitations does not run during the absence or concealment of defendant.

Charitable Immunity
Limited and not applicable to reckless or intentional conduct.

Liability of State and Municipalities
2 years but notice of claim required within 6 months.

Punitive Damages
Requires proof by clear and convincing evidence. A cap exists to two times the economic damanges plus an mount equal to non-economic damages found by jury not to exceed $750,000 or $200,000 of total exemplary damages (for malicious, oprressive, fraudulent, violent, grossly reckless behavior.)

Consumer Fraud Complaints
Texas Office of Attorney General, Consumer Protection
http://www.oag.state.tx.us/consumer/consumer.shtml
Toll Free (800) 621-0508 (Consumer Fraud Hotline)

DISCLAIMER: This information about Texas's statute of limitations laws is presented "as-is" and is not intended to provide a complete analysis of your case. While the information is believed to be accurate as of date of publications, laws may change and not be reflected in this article. Before making any decision, please consult with a qualified attorney licensed to practice in Texas state.