What You Should Know About the Statute of Limitations for Texas Personal Injury Claims

By Rashmi Parthasarathi | November 13, 2024

What You Should Know About the Statute of Limitations for Texas Personal Injury ClaimsIf you’ve been injured due to someone else’s fault in Texas, it’s important to understand the statute of limitations that applies to your personal injury claim. This blog discusses some of the most common and important issues relating to statutes of limitations for personal injury claims in the State of Texas.

What is a Statute of Limitations?

A statute of limitations is a law that sets a time limit on how long you have to make a claim and prevents claims from being brought after the deadline applicable to that claim has passed.

Statutes of limitations are generally set by law and will vary based on the jurisdiction and the type of claim being brought. The primary purpose of statute of limitations in Texas law is to prevent the litigation of stale or fraudulent claims. Kerlin v. Sauceda, 263 SW 3d 920, 925 (Tex. 2008)

What is the Statute of Limitations in Texas for Most Personal Injury Claims?

Generally speaking, the statute of limitations for most personal injury claims in Texas is two years from the date the claim accrues.

Texas Civil Practice and Remedies Code Section 16.003 (a) provides that “a person must bring suit for personal injury… not later than two years after the day the cause of action accrues.”

Texas Civil Practice and Remedies Code Section 16.003 (b) states that “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.”

This usually includes claims brought under the following legal theories:

Are There Some Claims in Texas With a Statute of Limitations Less Than Two Years?

The short answer is yes. Texas law does set a one-year statute of limitations period for the types of claims listed below.

Texas Civil Practice and Remedies Code Section 16.002(a) provides that claims for libel, slander, malicious prosecution,  and breach of promise to marry must be brought not later than one yar after the date the cause of action accrues.  Texas Civil Practice and Remedies Code Section 16.002(b )and claims to set aside sales of property seized under Subchapter E, Chapter 33, Tax Code must be brought not later than one year after the sale.

Other Issues-Notice Requirements that May Apply to Personal Injury Claims

Texas law requires compliance with specific mandatory notice requirements for certain types of claims, including some personal injury claims. Although these notice requirements are not technically considered statutes of limitations, they do provide deadlines that must be complied with, and the failure to do so could result in the dismissal of the personal injury claim to which these laws apply.

One common example personal injury claims against governmental  units under the Texas Tort Claims Act, Civil Practice and Remedies Code Chapter 101. Section 101.101(a) of the Tort Claims Act states that the governmental unit against whom the claim is being made is entitled to receive notice of the claim “not later than six months after the day the incident giving rise to the claim occurred.” However,  Section 101.101(b) allows for city charters and ordinances to specify a shorter time period for proper notice of an injury claim to be provided. For example, the City of Houston City Charter provides a period of only ninety days to give proper notice of an injury claim against the City. 

When Does a Personal Injury Claim Accrue under Texas Law?

Accrual refers to the date that the limitations period begins to run- that is when the plaintiff first becomes legally entitled to file suit. Treuil v. Treuil, 311 Sw 3d 114, 120 (Tex. App.- Beaumont 2010, no pet.) A claim’s accrual date can be defined by statute or by common law. KPMG Peat Marwick v. Harrison County Housing Finance Corp., 988 SW 2d 746, 750 (Tex. 1999).

Examples of the accrual date of a claim defined by a statute include the following:

If the accrual date of a claim is not defined by a statute, Texas courts will look to common-law to determine the accrual date. KPMG Peat Marwick v. Harrison County Housing Finance Corp., 988 SW 2d 746, 750 (Tex. 1999). Under common-law, the accrual date is determined by the legal-injury rule or the continuing tort doctrine.

Under the legal injury rule, the claim accrues on the date when the defendant’s wrongful action caused some legal injury. SW Energy Production Co. v. Berry-Helfand, 491 SW 3d 699, 721 (Tex. 2016). A claim accrues even if the full extent of the injury is not initially known at the time of the initial accrual. Schlumberger Technology Corp. v. Pasko, 544 SW 3d 830, 834 (Tex. 2018). The fact that damage occurs for an extended period after accrual does not prevent the limitations period from beginning to run on the accrual date. Exxon Mobil Corp. v. Rincones, 520 SW 3d 572, 591 (Tex. 2017).

An exception to the legal-injury rule is the continuing tort doctrine. A continuing tort involves a repeated injury proximately caused by repetitive wrongful acts, not a continuing injury arising from one wrongful act. Exxon Mobil Corp. v. Rincones, 520 SW 3d 572, 592-93 (Tex. 2017). Under the continuing tort doctrine, the claim accrues when the tortious conduct continuously being committed by the defendant ceases. Exxon Mobil Corp. v. Rincones, 520 SW 3d 572, 592 (Tex. 2017).

What are the Legal Theories for Deferring the Accrual Date of a Claim Recognized by Texas Law?

Texas law generally recognizes two means of deferring the accrual date of a cause of action :

  1. The Discovery Rule; and
  2. Fraudulent Concealment

See Valdez v. Hollenbeck, 465 SW 3d 217, 229 (Tex. 2015).

What is the Discovery Rule Under Texas Law?

The discovery rule defers a cause of action’s accrual until the plaintiff knows, or should know by the exercise of reasonable diligence, the facts giving rise to the claim. Agar Corp. v. ELECTRO CIRCUITS INTERN., 580 SW 3d 136, 146 (Tex. 2019). Once these requirements are met, the limitations period begins to run even if the plaintiff does not know the identity of the wrongdoer or the extent of the injury. Exxon Corp. v. Emerald Oil & Gas Co., LC, 348 SW 3d 194, 207 (Tex. 2011).

For the discovery rule to apply to defer the accrual of a cause of action, the plaintiff must plead and prove that the injury was:

(1) inherently undiscoverable and

(2) objectively verifiable

See Barker v. Eckman, 213 SW 3d 306, 312 (Tex.2006).

What Injuries are Inherently Undiscoverable According to Texas Law?

An injury is inherently undiscoverable if it is, by nature, unlikely to be discovered within the limitations period despite the Plaintiff’s diligence. hCarl M. Archer Trust v. Tregellas, 566 SW 3d 281, 290 (Tex. 2018) To meet the threshold burden of establishing that an injury was inherently undiscoverable, the plaintiff must establish only that the injury at issue was difficult to discover, it is not required to show that it was impossible to discover the injury. S.V. v. R.V. 933 Sw2d 1, 7 (Tex.1996).

Some examples of injuries that have been previously found to be inherently undiscoverable by Texas courts include the following:

Some examples of injuries which were found by Texas courts to not qualify as inherently undiscoverable include the following:

What Injuries are Objectively Verifiable According to Texas Law?

An injury is objectively verifiable if the injury’s existence and the defendant’s wrongful act cannot be disputed and the facts on which liability is asserted are demonstrated by direct physical evidence. Bertrand v. Bertrand, 449 SW 3d 856, 866 (Tex. App.-Dallas 2014, no pet.)

What is Fraudulent Concealment Under Texas Law?

Fraudulent concealment defers the accrual of a cause of action until the plaintiff discovers or should have discovered the deceitful conduct or facts giving rise to the cause of action. Earle v. Ratliff, 998 SW 2d 882, 888 (Tex. 1999).

The party seeking to avoid the application of the statute of limitations has the burden to plead and prove fraudulent concealment. To establish fraudulent concealment, the following elements must be shown:

  1. The defendant had actual knowledge of the wrong committed Earle v. Ratliff, 998 SW 2d 882, 888 (Tex. 1999).
  2. The defendant used deception to conceal their wrongful conduct Holland v. Thompson, 338 SW 3d 586, 596 (Tex. App.-El Paso 2010, pet. denied).

The deception concealing the wrongful conduct can occur through either misrepresentation or silence. A misrepresentation constitutes fraudulent concealment when it prevents the plaintiff from discovering the defendant’s wrong. Etan Indus. v. Lehmann, 308 SW 3d 489, 500 (Tex. App.- Ausin, 2010), rev’d on other grounds, 359 SW 3d 620 (Tex. 2011).

Silence constitutes fraudulent concealment when a defendant has a duty to disclose information and its silence prevents the plaintiff from discovering the defendant’s wrong. AT&T Corp. v. Rylander, 2 SW 3d 546, 557 (Tex. App.-Austin 1999, pet. denied).

  1. To prove fraudulent concealment, it must be shown the defendant had a fixed purpose to conceal the facts the plaintiff needed to discover that a cause of action had accrued. Holland v. Thompson, 338 SW 3d 586, 596 (Tex. App.-El Paso 2010, pet. denied).
  2. To prove fraudulent concealment, it must be shown that the plaintiff reasonably relied on the defendant’s misrepresentation or silence to its detriment. American Tobacco Co., Inc. v. Grinnell, 951 SW 2d 420, 436 (Tex. 1997) 

What are the Reasons for Tolling the Statute of Limitations Recognized by Texas Law?

Unlike deferral, which suspends the accrual of a statute of limitations, tolling pauses the running of limitations after the action accrues. S.V. v. R.V. 933 Sw2d 1, 4 (Tex.1996). Some of the common reasons for tolling the statute of limitations are discussed below:

  • Minority of a plaintiff- A person under the age of 18 is considered to be under a legal disability for limitations purposes. Weiner v. Wasson, 900 SW 2d 316, 318-19 (Tex. 1995). Generally, the “legal disability” of being a minor is considered removed when the person reaches the age of majority, and the statute of limitations begins to run at that time.

In relation to personal injury claims, this generally means that a minor’s statute of limitations for filing a personal injury will not start running until the minor reaches the age of majority,  and will generally expire two years after the minor reaches the age of majority.

One important thing to keep in mind in relation to personal injury claims involving minors is that the payment any medical expenses incurred for examination or treatment of the minor in relation to the injury before the age of majority is reached are the legal responsibility of the parent/legal guardian of the minor, rather than the minor’s legal responsibility. As such, the claim to recover past medical expenses incurred in relation to the medical treatment received by the minor for the injury would normally be subject to the 2-year statute of limitations applicable to the claims of the parents/guardians of the minor, and would not be tolled along with the rest of the minor’s claims. Sax v. Votteler, 648 SW 2d 661,666 (Tex. 1983)

What Happens Under Texas Law if a Lawsuit is Filed Within the Statute of Limitations but the Defendant is Not Served With Process Before the Limitations Period Expires?

If the plaintiff files suit before the expiration of the statute of limitations but service of process is not completed until after the statute of limitations has expired, the defendant can assert the statute of limitations as an affirmative defense, The burden of proof then shifts to the plaintiff to show that the plaintiff used due diligence, i.e. the diligence that an ordinarily prudent person would have used under the same or similar circumstances, up until the time the defendant was eventually served with process. Proulx v. Wells, 235 SW 3d 213, 216 (Tex. 2007).

Hire the Right Personal Injury Attorneys

Texas personal injury law is complicated. if you’ve been injured in a  car accident, truck accident, work accident, or lost a loved one in a situation involving a wrongful death, it’s important to have the right attorneys by your side to help you navigate the complexities of the legal system and work to obtain justice and receive full and fair compensation for your damages.

Our experienced personal injury lawyers at The Kishinevsky Law Firm have helped injured clients in the greater Houston area and throughout the State of Texas to successfully obtain full and fair compensation for their damages. If you’ve been injured due to someone else’s fault, contact our office today to schedule a free consultation to discuss your situation and find out how we may be able to help you to receive full and fair compensation for your claim.

 

Posted in Personal Injury