Yes, there are exceptions to the statute of limitations in Texas. These exceptions include adjustments for certain legal disabilities, not knowing the identity of the defendant in relation to certain crimes, or injuries or deaths from things like construction.
If you are unsure about the status of your case, an Arlington personal injury lawyer can help.
How the Statute of Limitations Works in Texas
In many cases, you have two years to file a claim for most types of personal injury cases. Generally, this time window begins on the date of the incident, except in wrongful death cases, in which the time begins on the date of death. Until you become familiar with all of the applicable laws, you will need to discuss any exceptions to the statute of limitations in Texas with a lawyer.
Texas Law generally structures the statute of limitations with a default of two years and then provides exceptions in other parts of the law. For example, the statute of limitations for motorcycle accidents is two years in most cases because many times, it is a claim for personal injury and property damages that does not include any of the exceptions.
Some statutes of limitations are also worded with phrases like “would have known” or “should have known”, referring to you knowing of the damages. These indicate statutes of limitations that begin once you find out, or should have reasonably found out, about the damages or injuries, not when the damages actually occurred.
When the Statute of Limitations Can Be Tolled
Tolling generally refers to delaying the statute of limitations clock. This exists so as not to place an undue burden upon people who legally cannot reasonably take action to file a claim. For example, being in a coma after a car accident can delay the start of the statute of limitations until you are deemed able to reasonably take action.
Under Texas Civil Practices and Remedies Code § 16.001, being under 18 years of age or “of unsound mind” means you’re viewed as having a legal disability. The duration of your disability is not included in the statute of limitations for you. So, if you are injured in a car wreck at 16 years old, you have until two years after your 18th birthday to file a claim.
An exception to the statute of limitations in Texas also exists for crimes listed in Texas Civil Practices and Remedies Code § 16.0045, in which it is tolled if the identity of the defendant is unknown. The standard time limit to file here is 30 years, but if you do not know who actually caused the damages, that 30-year clock does not begin until you do know.
Injuries and Damages from Certain Sources Have Exceptions
There are specific laws that give exceptions to the standard statute of limitations for injury claims when they arise from certain circumstances. These can include architectural errors, construction or repair errors, real estate appraisal, and product liability claims.
Some of these can be very difficult to prove. Thus, even if you believe one of these caused your injury, talk with an attorney about the strength of your case.
Construction, Repair, Architecture, and Design Exceptions
Structures are regularly being built, rebuilt, repaired, and demolished. That means the entire process can present opportunities for something to go wrong and injure you or damage something.
Among other specifics, Texas Civ. Prac. & Rem. § 16.008 & 16.009 designate a 10-year statute of limitations to file a claim. For example, some injured construction workers may have 10 years to file for an architectural flaw injury.
Real Estate Appraisal
Damages here are likely to be limited to financial in nature, so making a case for this kind of claim will require a lot of documentation that can take a while to gather and assess.
Luckily, you have either two years from when you found out about the damages or five years from the appraisal date. Make sure to pay attention to these details so the clock does not run out before you expect it.
Product Liability
If you believe you have a case that would need the help of an Arlington defective products lawyer, then you generally have 15 years after the date of sale of the product to file. This time span will not apply to you, however, if you did not manifest or reasonably display symptoms stemming from the product’s defect until after the 15th year.
This can be tricky to determine for sure, so talk with us first.
Other Exceptions to the Statute of Limitations in Texas
There are several other exceptions to the Texas statute of limitations described in Texas Civ. Prac. & Rem. § 16 (D) that could apply to your case. Make sure to bring these up in case they end up giving us extra time to file.
The status of the party you are suing matters. If they have died or are not within Texas during the statute of limitations period, you may have more time than normal. Also, if a claim had been filed in another state but could not be due to that state’s statute of limitations, it would have been considered ineligible in Texas if that party had moved to Texas within that time.
Lastly, you may get an extra day added on if the last day of the statute of limitations for your claim lands on a weekend or a holiday. The period then extends to the next day when government offices are open like normal.
Talk with an Attorney About Statute of Limitations Exceptions in Texas
Every case comes with its own specific factors that can influence all aspects of the legal process, including the statute of limitations. When considering how long you have to file, make sure that the Texas exceptions to the statute of limitations are part of your conversation with a qualified lawyer.
At The Texas Law Dog, we’ve been helping clients meet their specific deadlines since 2018, recovering millions of dollars for them in that time. We can help you file before your statute of limitations runs out. Reach out now for more information.
