Important note: The material below is not legal advice and is not to be relied on in the absence of advice by an attorney. Only your attorney can advise you as to the applicable statute of limitations in your case. Please consult with an attorney before making any decision as to the statute of limitations in your case.
What Is the Statute of Limitations in Texas?
The statute of limitations outlines a time limit for a plaintiff to submit their lawsuit to the courts, and it varies depending on the type of case being presented. A two-year statute of limitations is the norm for a Texas lawsuit, but to be certain of the deadline for your specific case, it’s a good idea to consult a lawyer. It’s important to note the statute of limitations because if the time has expired, then the court can refuse to consider your complaint, no matter how valid it is.
Texas Statute of Limitations: Personal Injury Cases
2 Years
The Texas statute of limitations for a personal injury claim is two years: “Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.” (Tex. Civ. Prac. & Rem. Code Ann. § 16.003)
Toxic Tort Statute of Limitations
2 Years
Toxic tort cases are governed by the same statute as personal injury cases.
Wrongful Death Statute of Limitations
2 Years
“A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.” (Tex. Civ. Prac. & Rem. Code Ann. § 16.003)
What Is the Statute of Limitations on Medical Malpractice in Texas?
2 Years
“(a) Notwithstanding any other law and subject to Subsection (b), no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed, provided that minors under the age of 12 years shall have until their 14th birthday in which to file, or have filed on their behalf, the claim. Except as herein provided, this section applies to all persons regardless of minority or other legal disability.
“(b) A claimant must bring a health care liability claim not later than 10 years after the date of the act or omission that gives rise to the claim. This subsection is intended as a statute of repose so that all claims must be brought within 10 years or they are time barred.” (Tex. Civ. Prac. & Rem. Code Ann. § 74.251)
What Is the Negligence Statute of Limitations in Texas?
2 Years
The negligence statute of limitations in Texas is typically two years.
How Many Years is the Statute of Limitations for a Real Estate Lawsuit?
4 Years
This statute includes disputes over contractual obligations and transfers of real property.
Fraud Statute of Limitations
4 Years
“Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.” (Tex. Civ. Prac. & Rem. Code Ann. § 16.003)
What Is the Conversion Statute of Limitations in Texas?
2 Years
Most Texas cases related to property rights have a two-year statute of limitations. (Tex. Civ. Prac. & Rem. Code Ann. § 16.003).
What Is the Texas Product Liability Statute of Limitations?
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2 Years
“Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.” (Tex. Civ. Prac. & Rem. Code Ann. § 16.003)
Statute of Repose for Texas Product Liability Cases
Under the statute of repose in Texas, “(b) Except as provided by Subsections (c), (d), and (d-1), a claimant must commence a products liability action against a manufacturer or seller of a product before the end of 15 years after the date of the sale of the product by the defendant.” (Tex. Civ. Prac. & Rem. Code Ann. § 16.012)
What Is the Discovery Rule Under the Statute of Limitations in Texas?
The discovery rule in Texas delays the start of the clock on a statute of limitations so that it does not start until the plaintiff becomes aware or should have become aware of their injury.
“Texas courts have recognized an exception to this general rule, the ‘discovery rule,’ which applies where a claimant is unable to know of an injury or the cause of an injury at the time it occurred. When the discovery rule applies, the statute of limitations is tolled until the plaintiff discovers, or through the exercise of reasonable care and diligence should have discovered, the nature of her injury and its cause in fact.” (Winters v. Diamond Shamrock Chemical Co., 941 F. Supp. 617 (E.D. Tex. 1996))
What Crimes Have No Statute of Limitations in Texas?
Violent crimes like murder, manslaughter or a hit-and-run that involves a death have no time limit. Aside from violent crimes, rape offenses like sexual assault of a child, sex trafficking, and sexual assault offenses where there is probable cause to believe that the defendant has committed more than five offenses also carry no statute of limitations.
Business-Day Extension
All Texas statutes of limitations extend to the next business day if the last day falls on a Saturday, Sunday or holiday. (Tex. R. Civ. Pro. Rule 4).
Comparative Negligence
Texas law includes a proportionate responsibility rule, which dictates that a claimant may not recover damages if their percentage of responsibility is greater than 50%. If they are less than 50% responsible for their injuries, damages are reduced in proportion to their amount of responsibility. (V.T.C.A., Civil Practice & Remedies § 33.001).
Municipal Liability/Sovereign Immunity
Texas does not have sovereign immunity, but notice of a legal claim must be filed within six months of the injury in question. (V.T.C.A., Civil Practice & Remedies § 101.101).
Charitable Immunity
Charitable immunity is limited by statute but does not apply to reckless or intentional conduct.
Legal Disabilities
For insane or minor plaintiffs, the statute of limitations does not begin to run until the plaintiff is no longer legally disabled. (V.T.C.A., Civil Practice & Remedies § 16.001).
Punitive Damages
Punitive damages are allowed, but you must establish liability for damages by clear and convincing evidence. Amounts are capped at either two times the amount of economic damages plus the amount of non-economic damages found by the jury, not to exceed $750,000, or $200,000, whichever is larger. (V.T.C.A., Civil Practice & Remedies § 41.008).
No-Fault Insurance
Texas is not a no-fault state.
Consumer Fraud Complaints
Fraud complaints can be directed to the Texas Attorney General’s Office either online or by mail. Call 1-800-621-0508 to reach the Consumer Fraud Hotline.
If you’re confused or are looking for a more detailed understanding of these limitations and how they affect your specific case, the attorneys at Parker Waichman LLP can help. Call 1-800-LAW-INFO for a free consultation to clarify your legal rights.