Understanding the Statute of Limitations and Your Personal Injury Case in Texas

If you’ve been hurt in an accident, you might have a chance to file a lawsuit and get paid for your troubles. But, if you take too long, you could lose that chance for good. Just like every state, Texas has a law called the “statute of limitations.” 

This statute sets a deadline for when you can ask for money in court because of your injuries. Miss this deadline, and it’s like leaving money on the table – money that could have been yours. You need to know this deadline because once it passes, your opportunity to claim what you deserve is gone forever.

Why Have a Statute of Limitations?

Texas, like other states, has a statute of limitations in place for a good reason: it’s all about fairness. Here’s why these rules are so important:

  • Prompt Action: The law nudges people who got hurt to speak up and file their complaints without delay. It’s like saying, “If you’ve got a problem, let’s hear it now.”
  • Fresh Evidence: Over time, memories get fuzzy, important bits of proof can get lost, and witnesses might move away or forget details. Texas wants civil cases to be decided based on the clearest, most accurate information available.
  • Preventing Misuse: Without a time limit, someone could wait for years before deciding to sue, and that’s not fair. The law stops people from using old incidents to cause trouble when everyone else has moved on.

Imagine always looking over your shoulder, wondering if someone from years ago might take you to court. That’s no way to live. Except for really terrible crimes, people expect to be free from old disputes so they can get on with their lives. 

The statute of limitations makes sure of that – if you wait too long, even if you were hurt, you can’t claim money for it later.

In Texas, if you want to take someone to court, you’ve got to watch the clock. Depending on what your case is about, you could have anywhere from one to five years to get moving. Here’s a general breakdown, though keep in mind specific cases might have different time limits than these:

  • One Year: For cases like someone spreading lies about you (libel and slander) or suing for not following through with a marriage promise, you have one year to file. Remember, libel means harmful stuff written down, and slander is spoken.
  • Two Years: Got hurt because of someone else? Or maybe someone trespassed on your property, or there’s a case of wrongful death? You’ve got two years. 
  • Four Years: This one’s for issues like unpaid debts, being tricked (fraud), someone not doing their job with your money (breach of fiduciary duty), or breaking a sales contract. Four years is your window here. For contracts, you can shorten this time to at least one year, but you can’t make it longer.
  • Five Years: Certain claims based on sex crimes have a five-year statute of limitations deadline in Texas.

These time limits, known as the statute of limitations, are critical. They keep things fair and make sure cases are based on fresh, reliable info. If you’re thinking about suing, keep these deadlines in mind. Once the time’s up, you can’t bring your case to court, no matter how strong it is. 

Pausing the Clock: Tolling the Statute of Limitations in Texas

Sometimes, life throws a curveball, and the law in Texas understands this. That’s why there are special rules that can pause (or “toll”) the statute of limitations in your personal injury case. This means the countdown to your deadline stops because of certain situations. Here are a few examples:

  • Age: If you were under 18 when you got hurt, the clock won’t start until you turn 18.
  • Mental Health: If you’re not mentally fit to handle your case, the time is paused.
  • Missing Defendant: Can’t find the person you need to sue? If they’ve left Texas or are hiding, the clock stops ticking.

This tolling is also about fairness. If something’s not in your control, like being too young or dealing with mental health issues, or if the other person is playing hide-and-seek, the law won’t penalize you. 

The moment these special circumstances change – like you turn 18, get better, or find the person – the clock starts ticking again. Remember, it’s all about giving you a fair shot to make your case.

Suing the Government in San Antonio, Texas

In San Antonio, like the rest of Texas, suing the government for personal injury is a bit different from regular cases. Usually, the government has immunity, but the Texas Tort Claims Act opens a door. If a San Antonio city employee or a city-run agency did something wrong and you got hurt because of it, you might have a case. 

For instance, if there was a car accident due to a poorly designed road in San Antonio, and the city knew about the danger but did nothing, you could hold them responsible.

But here’s the catch: the usual two-year statute of limitations doesn’t apply to government claims. In San Antonio, you need to act within 6 months of your accident to file a claim against the city government. This is much shorter than most other cases, so quick action is crucial.

Unique Time Limits in Personal Injury Claims in San Antonio, Texas

San Antonio follows Texas laws for personal injury cases, but there are some unique time limits you should know about in the state, especially concerning medical malpractice and product liability. Here’s the deal:

  • Medical Malpractice: There’s a 10-year statute of repose. This means if you realize you were hurt because of surgery or medical treatment, but 10 years have already passed, you can’t sue, no matter when you discovered the injury. However, do keep in mind that because of the “discovery rule,” you can potentially still file a claim based on an injury you didn’t discover until after the fact (still subject to this 10-year maximum).
  • Product Liability: If you’re hurt by a product, such as a defective medication, you get 15 years from the purchase date to sue. If more than 15 years have passed, even if you just got hurt or found out about it, you can’t file a lawsuit against the manufacturer.

These special rules are designed to put a final limit on when claims can be made, so it’s important to be aware of these timeframes.

Proven San Antonio Personal Injury Attorneys

If you’re in San Antonio and find yourself facing a situation where these laws come into play, don’t hesitate to reach out to George Salinas Injury Lawyers at (210) 225-0909. Our San Antonio personal injury lawyers are equipped with the expertise and dedication needed to help you understand your rights and pursue the justice you deserve.