Statute of Limitations-General Negligence (but Not Medical Negligence) - Personal Injury Legal Blogs Posted by Brian T. Cartwright - Lawyers.com

Statute of Limitations-General Negligence (but Not Medical Negligence)

In Texas, there are deadlines, called statutes of limitation, that you must file a lawsuit in or your claims will be forever barred.  The statute of
limitations for an adult who is at least 18 years old or older and not of unsound mind for a claim based upon negligence* is two years,
which begins to accrue when the wrongful act that you complain about causes an
injury, regardless of when you may have learned of such injury. The “discovery rule,” however, may defer accrual of the
statute of limitations until you knew, or by exercising reasonable diligence
should know, of the facts giving rise to your claim. For the “discovery rule” to apply, however,
your injury must be both inherently undiscoverable and objectively verifiable. An injury is inherently undiscoverable if it
is, by its nature, unlikely to be discovered within the prescribed limitations
period despite due diligence. The court
must decide whether your injury is the type of injury that generally is
discoverable by the exercise of reasonable diligence.  (It is well-settled that injuries are not
inherently undiscoverable when they arise from an immediate and traumatic
event, like a car wreck or slip and fall). An injury is “objectively
verifiable” if the injury’s existence and the defendant’s wrongful conduct
cannot be disputed and the facts on which liability is asserted are
demonstrated by direct physical evidence.  Please note that the Texas Civil Practice & Remedies Code
currently provides, “If the last day of a limitations period under any statute
of limitations falls on a Saturday, Sunday, or holiday, the period for filing
suit is extended to include the next day that the county offices are open for
business.” Tex. Civ. Prac. & Rem. Code ann. § 16.072 (Vernon’s
2013). However, this law is subject to
change. Even if you file suit within the
applicable limitations period, you must still exercise diligence in serving the
defendant(s). If you fail to do so, your
claims will still be barred by the statute of limitations, even if you filed
the case within the appropriate deadline.  All of this can get rather confusing so the bottom line is do not put off consulting with a qualified personal injury trial attorney to assist you in determining if you have a claim and when a lawsuit must be filed to preserve that claim.  Therefore, please feel free to contact me at 940.891.0003 to set up a cost-free consultation to discuss your case.  *Please note that this Blog applies to general negligence cases for adults who are 18 years or older and of sound mind.  It does not apply to medical negligence (i.e., medical malpractice) claims.  That is a separate beast which I will discuss in my next blog.  I look forward to visiting with you next time.  
  Brian T. Cartwright, Board Certified, Personal Injury Trial Law, AV-Rated, Martindale-Hubbell, Shareholder, Alagood & Cartwright, P.C.  

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Brian T. Cartwright

Licensed since 1987

Member at firm Alagood Cartwright Burke PC

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AV Preeminent

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Member at firm Alagood Cartwright Burke PC

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AV Preeminent

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