Statute of Limitations for Negligence in Texas
A statute of limitations places a time limit on when a victim can obtain a legal remedy for negligence or another type of wrongful conduct. In Texas, negligence claims must be filed within two years of the injury. However, there are exceptions to this rule, and it is important to understand how they apply when contemplating an action for negligence.
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The Discovery Rule
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The clock on the statute of limitations usually starts running at the time of injury. However, sometimes the injury, or the cause of the injury, is not discovered until several years after it occurred. The discovery rule allows a claim to be filed after the injury is discovered, or should have been discovered, rather than after the injury actually occurred. Texas courts have also ruled that the discovery rule applies if the victim had no chance of discovering the injury within the two-year limit.
Statute of Repose
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Texas also has a statute of repose for medical malpractice claims. This applies to all claims filed on or after Sept. 1, 2003. The Texas statute of repose prevents any claim from being filed more than 10 years after the act of negligence that caused the injury, even if the injury is not discovered until after that time.
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Tolling of the Statute of Limitations
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It is also possible to lengthen the time limit on bringing a lawsuit. In tolling, something stops the statute of limitations running for a period of time. Reasons for tolling may include: bankruptcy; if the injured person was mentally incompetent when the injury occurred; or if the victim was a minor when the injury occurred. In Texas, if the victim is a minor at the time of injury, the statute of limitations begins to run on their 18th birthday. If the victim was under 12 at the time of injury, and they are suing for medical malpractice, the lawsuit must be filed by their 14th birthday. For medical malpractice, the Texas Supreme Court has also ruled that when the injury occurred before the victim's 18th birthday, they can sue at any time up to the age of 20.
Contractual Limitations
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The statutory limitation period can also be shortened by contract. For example, a contract may require that any claims for negligence must be filed within one year of the injury. Courts are most likely to uphold these contracts in business situations. However, under Texas law, most contracts cannot shorten the limitation period to less than two years.
Health claims
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Under Texas law, health care negligence claims must be made within two years of the completion of the treatment or hospitalization. If the exact date of the negligent act cannot be determined, the time limitation period can run from the last date of the course of treatment. This is also the rule used in health care liability claims for wrongful death.
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References
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