In Texas, personal injury cases must be filed within two years from the day of your accident or injury. If you wait longer than two years to file a lawsuit, you may lose your chance to seek compensation.

However, there are a few exceptions that might allow you to file a lawsuit after the filing deadline has passed.  

At Grossman Law Offices, we help personal injury victims get the compensation they deserve. We will help you understand some exceptions to the statute of limitations in Texas and advocate for your rights.

Related: What is the statute of limitations for Texas personal injury claims?

What Are Some Exceptions to the Statute of Limitations in Texas?

In some cases, injuries may only be apparent many years after they occurred. In other cases, a victim may be unable to advocate for themself, or they might be incapable of making decisions on their own at the time the injury occurred. In those and other cases, the statute of limitations can be paused until a certain event happens or extended for a certain number of years.

Minority

In Texas, the statute of limitations is paused for a minor victim until the minor reaches 18 years of age. After the minor reaches 18, the minor victim has two years from reaching the age of majority to file a lawsuit.

Fraud

If a defendant commits fraud to conceal the cause of action, the statute of limitations may be paused until the plaintiff discovers or should have discovered the fraud.

Mental Incapacity

If a plaintiff is of unsound mind or otherwise unable to bring a claim, the statute of limitations may be paused until the plaintiff is capable of bringing a claim. In this situation, a plaintiff must understand the legal process and understand that a lawsuit is being filed on their behalf for the statute of limitations to start running again.

Absence from the State

If a defendant is absent from the State of Texas, the statute of limitations may be paused until the defendant returns.

Governmental Immunity

If a defendant is a government entity or a government employee acting within the scope of their employment, the statute of limitations may be paused until the entity or employee waives immunity or until the statute of limitations is extended by statute.

Military Service

If a plaintiff is on active military duty, the statute of limitations may be paused during the time the plaintiff is on active duty and for a reasonable time thereafter.

Discoverability

If the cause of action is not discoverable until after the statute of limitations has run, the statute of limitations may be paused until the cause of action is discoverable.

Special Exceptions

In addition to these exceptions, there are also specific types of cases in which exceptions to the statute of limitations may apply. Those types of cases include:

• Product liability cases,
• Personal injury cases resulting in death,
• Asbestos injury cases,
• Construction defect cases, and
• Sexual assault cases.

In these cases, extended limitations may apply. For instance, the statute of limitations in a product liability suit is 15 years or more, depending on certain facts and circumstances in the case. Be sure to speak with a knowledgeable personal injury attorney about your case as soon as possible. 

Are There Reasons I Cannot Use An Exception To The Statute of Limitations in Texas?

Just because you may qualify for an exception to the statute of limitations in Texas does not mean you are guaranteed to be able to use it. You must be able to prove that your case qualifies for an exception. In many cases, especially where a plaintiff must prove that their case can be filed years after the deadline for filing has passed, evidence has been lost or destroyed. In other words, filing your personal injury case in a timely manner is the best way to build a strong case and get the compensation you deserve for your injuries.

What Is the Statute of Limitations in Texas?

In Texas, the statute of limitations sets a time limit within which legal action must be brought. The length of time the statute of limitations provides can vary depending on the type of claim you are bringing. As we mentioned, the statute of limitations for a personal injury action in Texas is two years from the date the injury occurred. However, there are several exceptions to this rule, which extend or pause the statute of limitations and allow a victim to file a lawsuit outside of the two-year filing window.

How Grossman Law Offices Can Help

At Grossman Law Offices, we have over 30 years of experience protecting the rights of injured clients and helping them get the compensation they need to recover from their injuries. Our team of award-winning attorneys can handle every aspect of your case, including making sure your claim satisfies the statute of limitations, so you can focus on healing. Contact us today for a free consultation so that we can evaluate your case and explain your legal options.