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Statute of Limitations

All civil courts follow a time limit known as a statute of limitations. A statute of limitations is a deadline for plaintiffs who wish to file a claim. If the statute of limitations runs out any claims made by the plaintiff will be barred. Not every statute of limitations is the same. The statute of limitations varies depending on the type and jurisdiction of the claim

A statute of limitations begins on the date of the injury or when it was discovered, which means the clock may be ticking already. It’s vital that you’re aware of your claim’s statute of limitations immediately. Failing to file a claim in time means you won’t be able to pursue the monetary settlement you deserve.

If you wish to file a claim and your statute of limitations is about to run out, it’s advised that you contact an experienced personal injury attorney. 

Houston Attorney for Statute of Limitations in Texas

If you are struggling with a civil law issue, it’s important you act now. Your civil claim’s statute of limitation may be running out. There’s only a certain amount of time you have to file a claim. Contact Matthew Horak at Horak Law to speak to a practiced personal injury attorney.

Matthew Horak is a respected attorney who has litigated for clients in many personal injury cases. He not only knows the statute of limitations for Texas civil suits but also knows the best strategies to tackle a personal injury case. Put yourself in the best hands with Matthew Horak. 

Call Horak Law at (713) 225-8000 to schedule a free consultation today. Horak Law practices law throughout the greater Houston metropolitan area and surrounding communities including Bellaire, Missouri City, Humble, and West University Place.

Overview for Texas Statute of Limitations


Texas Statute of Limitations for Common Types of Civil Disputes

Texas laws have set forth a statute of limitations for civil disputes. The deadline is reliant on the type of legal claim being filed. Remember, a statute of limitation begins the date the cause of action accrues, meaning the day the plaintiff discovers their injury. The following chart outlines the statute of limitations for common types of legal disputes. 

Type of Offense

                            Statute of Limitations  

 Any type of malicious prosecution such as:

  • Libel;
  • Slander; or
  • Breach of promise of marriage.

   1 Year from the day the cause of action accrues.

 Any type of torts based on trespass to personal or property rights such as:

  • Personal injury;
  • Injury to personal property;
  • Forcible entry and detainer;
  • Taking or detaining another’s property;
  • Conversion of personal property; or
  • Wrongful death

 2 Years after the day the cause of action accrues.

 Most lawsuits involving contractual obligations such as:

  • Specific performance of contract for conveyance of real property;
  • Breach of fiduciary duty;
  • Some debt collection claims;
  • Fraud;
  • Breach of contract; or
  • Claims in which no statute of limitation is listed in Texas law.

4 Years after the day the cause of action accrues.

  


Statute of Limitations for Criminal Offenses

It may seem confusing, but a person can bring civil action against another if an injury occurs during the commission of a criminal offense. Like any case, there is a statute of limitations for claims relating to criminal offenses. The statute of limitations is no later than five years for the following crimes: 

The following criminal offenses have a statute of no later than 15 years after the crime’s date.

  • Trafficking of a child involving any of the following crimes:
    • Sexual conduct with a child;
    • Prostitution;
    • Promotion of prostitution;
    • Aggravated promotion of prostitution;
    • Sexual assault;
    • Aggravated sexual assault;
    • Indecency with a child;
    • Compelling prostitution; or
    • Receives a benefit from a child trafficking business or venue.
  • Sexual assault of a child;
  • Aggravated sexual assault of a child;
  • Continuous sexual abuse of a child;
  • Compelling prostitution by a child; or
  • Indecency with a child.

Statute of Limitations for Asbestos or Silica-Related Injuries

The state of Texas has specific statute of limitations for asbestos and silica-related injuries. Asbestos and silica can be found in many different minerals such as sand, soil, or granite. Workers who consistently chip, cut, drill, grind, or work with silica or asbestos objects may experience injuries. 

Texas Civil Practice and Remedies Code § 16.0031 outlines the statute of limitations for asbestos and silica-related injuries. The statute of limitations for an asbestos or silica-related injury ends on the following dates:

  • The date of the victim’s death; or
  • The date that the plaintiff serves the defendant a report of the injury that follows regulations set forth by Texas law. 

The reasoning for this is that asbestos and silica-related deaths can happen decades apart from the date of exposure. The nature of the chemicals can create different types of medical conditions that may lead to serious injury, illness, or death. Texas law requires that claimants asserting an asbestos or silica-related must have certain forms from qualified physicians to establish when, how and if their exposure lead to injury. 


Additional Resources 

Texas Statute of Limitations – Visit the official website for Texas Civil Practice and Remedies Code. Find more information about Texas’s statute of limitation, which criminal offenses have a statute of limitations, and how suits for adverse possession function. 

Civil Court Procedure – Visit a document outlining Texas Rules of Civil Procedure provided by the Harris County Justice Courts. In this document you can access legal definitions, how the beginning of a statute of limitations is determined, and the phases of a civil court case. 


Lawyer for Statute of Limitations in Harris County

If you wish to file a claim and believe your statute of limitations is running out, it’s crucial that you gain trusted legal representation. Matthew Horak is a skilled personal injury attorney who is compassionate with clients and aggressive in the courtroom. 

Attorney Matthew Horak has years of experience collecting evidence, filing claims, and litigating for his clients when needed. He’s dedicated to his client’s recovery and will do whatever possible to help you get what you deserve. Call Matthew Horak at (713) 225-8000 today for a free consultation.

Horak Law accepts clients throughout the greater Harris County area including surrounding counties such as Waller County, Brazoria County, Liberty County, and Montgomery County.


This article was last updated on November 28, 2018.

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