This Blog was brought to you by the Carabin Shaw Law Firm in San Antonio
Understanding the Statute of Limitations in Texas: Protecting Your Legal Rights
In the state of Texas, the timeframe for taking legal action following an incident is limited by what is known as the statute of limitations. This important legal concept sets a deadline by which the plaintiff must file a lawsuit or pursue other legal remedies against the defendant. The specific duration of the statute of limitations varies depending on the type of case and certain additional factors. In this article, we will explore the statute of limitations in Texas and its implications for different types of cases.
General Timeframe: Two Years from the Incident
In general, the statute of limitations in Texas is two years from the date of the incident. This timeframe applies to various types of cases, including:
General Personal Injuries: If you have suffered a personal injury, you have two years from the date of the injury to file a lawsuit or pursue legal action.
Car Accidents: In the case of car accidents, the statute of limitations also allows a two-year window from the date of the injury to initiate legal proceedings.
Work Accidents without Workers’ Compensation: If you have been injured in a work accident and are not covered by workers’ compensation, you have two years from the date of the injury to take legal action.
Wrongful Death: In wrongful death cases, where the death of a person is caused by someone else’s negligence, the statute of limitations is two years from the date of death.
Product Liability Cases: If you have suffered harm due to a defective product, you have two years to pursue a claim against the responsible party.
Exception* Statute of Limitations for Minors
One notable exception to the conventional statute of limitations applies to injuries sustained by minors. Recognizing that minors are not legally capable of making important decisions, Texas extends the statute of limitations for minors until two years from the date they turn 18. This means that the clock does not start ticking until the child reaches adulthood.
For instance, if a five-year-old child is injured in a car accident, they would have until their 20th birthday to initiate legal proceedings and seek compensation for their injuries.
The same extension also applies to wrongful death claims brought by a child following the death of a parent. For example, if a construction worker is killed on the job and leaves behind a 19-year-old child and a 15-year-old child, the eldest has two years from the date of the incident to file a claim, while the younger child would have approximately five years to initiate a similar claim.
Protecting Your Rights within the Statute of Limitations
Understanding the statute of limitations is crucial for protecting your legal rights. Failing to initiate legal action within the specified timeframe may result in the loss of your ability to seek compensation for your injuries or losses. To ensure that you meet all necessary deadlines and navigate the legal process effectively, it is advisable to consult with an experienced attorney specializing in personal injury cases.
The statute of limitations in Texas sets the timeframe within which individuals must file lawsuits or pursue legal action after an incident. Generally, this timeframe is two years from the date of the incident for various personal injury cases, including car accidents, work accidents without workers’ compensation, and wrongful death cases. However, an exception exists for minors, who are granted an extended period until two years from the date they turn 18. To protect your rights and maximize your chances of obtaining the compensation you deserve, it is essential to consult with a skilled attorney who can guide you through the legal process and ensure your case is filed within the statute of limitations.