Exceptions To the Statute Of Limitations in Texas

Texas recognizes several exceptions to the statute of limitations, including the following: cases involving minor victims, individuals with mental incapacity, fraudulent concealment by a defendant, and situations falling under the discovery rule. This blog breaks it down and explains what every injury victim in Dallas should know.

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Statutes Of Limitations In Texas

Generally, Texas law gives you two years to file a lawsuit from the date of a personal injury. This window is known as the statute of limitations. It’s a strict deadline, which could mean your claim is barred forever. That said, statutes aren’t absolute. Life and the law are messy, which is why Texas provides several exceptions. These narrow exceptions exist to protect people from losing access to justice under unfair circumstances.

Why Exceptions To The Statute Exist

Statutes of limitations exist to ensure the timely and fair resolution of claims. But there are moments when applying a rigid deadline would be unjust. Texas recognizes several exceptions to the statute of limitations, including the following: when someone is under the age of 18, if a person is mentally incapacitated, or when a defendant hides crucial facts from a victim. These carveouts serve a single purpose: justice. They ensure that people who cannot speak up immediately get their day in court.

Important information about How Long Does A Personal Injury Lawsuit Take

Legal Exceptions That Can Affect Your Case Timeline

Minor Victims: When the person harmed is underage at the time of the incident, the statute doesn’t start until they turn 18. This protects children and teens who are legally unable to file suit themselves. According to Texas law, the legal clock is paused until adulthood begins.

Mental Incapacity: If the injured individual is declared mentally incompetent, the limitations period is delayed until they regain capacity. Texas understands that a person must be mentally fit to make legal decisions.

Fraudulent Concealment: If the defendant hides the injury, the claim window may start only when the victim uncovers the deception. This ensures that bad actors don’t benefit from their misconduct.

Discovery Rule: Some injuries aren’t apparent right away. The time limit begins when the injury is discovered in cases like toxic exposure or a misdiagnosis that only surfaces years later. Say someone develops symptoms years after inhaling harmful chemicals, the statute could begin at the time of diagnosis, not exposure.

Defendant’s Absence From Texas: When the person responsible for the injury leaves the state after the incident, the time they spend away is typically excluded from the statute of limitations.

Product Liability: Sometimes, if a defective product hurts you, the filing deadline may depend on the product’s warranty or expected shelf life. It’s essential to have a legal team evaluate your situation right away.

Sexual Assault: Texas grants 15 years to file a claim for child sexual abuse. In cases involving adult victims of aggravated assault, trafficking, or coercion, the window is generally five years, as outlined in Chapter 12 of the Texas Penal Code.

When The Statute Of Limitations Begins In Texas

In most personal injury cases, the two-year clock starts ticking from the moment of the incident. That means the day of your car crash, slip-and-fall, or any event causing harm is usually day one. However, as noted earlier, there are key moments when this timeline shifts.

If a person qualifies for an exception, the start date of the statute may be pushed forward. For example, someone who doesn’t discover their injury until months later, perhaps due to a latent condition, can often still file if the discovery rule applies. In other cases, like when a defendant is absent from Texas, the clock may be stopped entirely for that duration.

Every injury case is unique. Knowing precisely when the clock starts or pauses can mean the difference between justice served and justice denied.

Let’s Talk Before Time Runs Out

Waiting can cost you everything. If you’ve been injured in Dallas or are unsure whether you still have time to take action, let us help. At Monsour Law Firm, we’re committed to pursuing justice on your behalf. 

Call (903) 999-9999 today. We’ll help you understand what exceptions may apply and ensure no clock runs out before you’ve had your say.