Civil Statute of Limitations Texas

What is a Civil Statute of Limitation in a Texas Civil Case?

The statute of limitations is essentially a deadline for filing a lawsuit. The purpose of these statutes is to ensure that legal actions are initiated while evidence is still fresh and available. In Texas, as in other states, the length of this period varies depending on the type of civil case. Civil Statute of Limitations Texas can generally be found under Texas Civil Practice and Remedies Code 16.002(a).

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Why does Texas have a statute of limitations in civil cases?

The statute of limitations plays a crucial role in civil cases, creating a time limit for initiating legal action. But why does Texas, like other states, have a statute of limitations for civil cases? Let’s explore the reasons behind this important legal principle.

Preservation of Evidence

One of the primary reasons for the statute of limitations is the preservation of evidence. As time passes, evidence may be lost, destroyed, or become less reliable. Witnesses’ memories may fade, documents may be discarded, and physical evidence may deteriorate. By setting a deadline for filing a lawsuit, the statute of limitations helps to ensure that cases are based on evidence that is as accurate and reliable as possible.

Certainty and Stability

The statute of limitations provides a degree of certainty and stability for potential defendants. It would be difficult to live in constant fear of being sued for an indefinite period. By setting a time limit for legal action, the statute of limitations allows individuals and businesses to move forward without the perpetual threat of litigation for past events.

Promptness in Seeking Redress

The statute of limitations encourages plaintiffs to pursue their claims diligently and promptly. This timeliness can lead to more efficient resolution of disputes and help to ensure that those who are negligent or at fault are held accountable within a reasonable time frame.

Fairness

The statute of limitations aims to promote fairness in the legal system. It would be unfair for a defendant to face a lawsuit many years after an event when evidence might be lost and memories faded. The statute of limitations helps to balance the rights of the plaintiff to seek redress and the rights of the defendant to a fair defense.

statute of limitations vary

Statute of Limitations Vary Based on the Cause of Action

In Texas, as in other states, the length of this period varies depending on the type of civil case.

Personal Injury Claims

For personal injury claims in Texas, such as those arising from car accidents or slip and fall incidents, the statute of limitations is two years from the date of the incident.

Property Damage Claims

Claims for damage to personal property also have a two-year statute of limitations in Texas. This time frame begins on the date the property damage occurs.

Breach of Contract

In Texas, the statute of limitations for breach of contract cases depends on whether the contract is written or oral. Written contracts have a four-year statute of limitations, while oral contracts have a two-year statute.

Debt Collection

For debt collection in Texas, the statute of limitations is generally four years. This time period starts from the date the debt became due and payable.

Medical Malpractice

Medical malpractice claims must be brought within two years from the date of the alleged negligent act or omission, or from the completion of treatment.

Libel and Slander

Libel (written defamation) and slander (spoken defamation) are serious offenses that can damage a person’s reputation. In Texas, the statute of limitations for both libel and slander is one year from the date the defamatory statement was made or published.

Wrongful Death

A wrongful death claim arises when a person dies due to the negligence or wrongful act of another. In Texas, the statute of limitations for a wrongful death claim is two years from the date of the person’s death.

Breach of Fiduciary Duty

A fiduciary duty is a legal obligation of one party to act in the best interest of another. The statute of limitations for a breach of fiduciary duty in Texas is generally four years from the date the breach occurred.

Fraud

Fraud involves deliberate deception for personal gain or to damage another individual. The statute of limitations for fraud in Texas is four years from the date the fraudulent act was discovered, or could have reasonably been discovered.

Breach of Contract

A breach of contract occurs when one party does not fulfill its obligations under a contract. In Texas, the statute of limitations for breach of contract depends on whether the contract is oral or written. For written contracts, the limit is four years from the date of the breach, while for oral contracts, the limit is two years.

Debt Collections

Debt collections involve attempts to collect a debt owed by a consumer. In Texas, the statute of limitations for debt collection is generally four years from the date the debt became due and payable.

Claims without a Specifically Defined Statute of Limitation (excluding land deals)

In Texas, for civil claims without a specifically defined statute of limitations, the catch-all statute of limitations is four years. This means that if the cause of action doesn’t fall under a category with a specifically defined time limit, a lawsuit generally must be filed within four years from the date the cause of action accrued. This catch-all provision does not apply to land deals, which have their own specific statutes of limitation.

Exceptions to the Statute of Limitations

There are exceptions to these general rules. For example, in certain circumstances, the “discovery rule” may apply. This rule may extend the statute of limitations if the plaintiff could not reasonably have discovered the injury at the time it occurred.

Furthermore, for minors or those declared legally incompetent, the statute of limitations may be “tolled” or paused until the individual turns 18 or becomes competent.

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About the Author

Benson VargheseBenson Varghese is the managing partner of Varghese Summersett. He is a seasoned trial attorney, highly esteemed for his comprehensive knowledge and expertise in the field. He has been to trial throughout state and federal courts in Texas. 

As a former insurance adjuster himself, Benson has insights into how insurance companies evaluate claims – and why without the proper encouragement, they are likely to undervalue a claim. Benson uses these insights combined with his clout in the courtroom to obtain justice for his clients – in and outside of the courtroom.

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