Statute of Limitations
The purpose of a statute of limitations is to compel the assertion of claims within a reasonable period of time while the evidence is fresh in the
minds of the parties and witnesses. Typical statute of limitations in Texas for various types of claims are as follows:
Typical Statute of Limitations:
- Claims for personal injury (auto accidents) and wrongful death: 2 Years from the date of accident.
- Claims for negligence or strict liability: 2 years from the accrual date.
- Claims for breach of contract and debt: 4 years.
- Claims for breach of duty of good faith and fair dealing against your own insurance company: 2 years.
- Claims for fraud: 4 years.
Government Limitation Periods:
If your injuries or claims exist because of the actions or negligence of a government entity, then the statute of limitations may differ from the
typical limitations periods. For instance, the City of Houston is entitled to a sworn notarized notice of the claim within a prescribed period of time
(usually 90 days from the date of injury), and failure to provide the proper notice within the proper time may bar your claim.
Because governmental claims are treated differently than most other claims, the statute of limitations can be complex. Therefore, if you believe
your claims are against a Texas governmental agency, you must take action very quickly, or your claims may be time barred.
If you and/or a family member have suffered serious or fatal injuries due to an accident, you and/or the family member may be eligible to file a
claim. However, persons seeking to preserve any potential legal claims should
contact an attorney promptly because Texas has mandatory
time periods ("Statute of Limitations") in which a
lawsuit must be filed.
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