How much time do you have to file a lawsuit in Texas?

A statute of limitation can limit the time period in which a person can file a lawsuit. Evary state?s statutes are different regarding the amount of time in which a person can file a lawsuit. Statutes can also vary per state according to the type of claim one is pursuing.

Texas Statutes

? 16.002. ONE-YEAR LIMITATIONS PERIOD. (a) A person
must bring suit for malicious prosecution, libel, slander, or
breach of promise of marriage not later than one year after the day
the cause of action accrues.

? 16.003. TWO-YEAR LIMITATIONS PERIOD.(a) Except as
provided by Sections 16.010 and 16.0045, a person must bring suit
for trespass for injury to the estate or to the property of another,
conversion of personal property, taking or detaining the personal
property of another, personal injury, forcible entry and detainer,
and forcible detainer not later than two years after the day the
cause of action accrues.

(b) A person must bring suit not later than two years after
the day the cause of action accrues in an action for injury
resulting in death. The cause of action accrues on the death of the
injured person.

? 16.004. FOUR-YEAR LIMITATIONS PERIOD. (a) A person
must bring suit on the following actions not later than four years
after the day the cause of action accrues:

(1) specific performance of a contract for the
conveyance of real property;

(2) penalty or damages on the penal clause of a bond to
convey real property;

(3) debt;

(4) fraud; or

(5) breach of fiduciary duty.

(b) A person must bring suit on the bond of an executor,
administrator, or guardian not later than four years after the day
of the death, resignation, removal, or discharge of the executor,
administrator, or guardian.

(c) A person must bring suit against his partner for a
settlement of partnership accounts, and must bring an action on an
open or stated account, or on a mutual and current account
concerning the trade of merchandise between merchants or their
agents or factors, not later than four years after the day that the
cause of action accrues. For purposes of this subsection, the cause
of action accrues on the day that the dealings in which the parties
were interested together cease.

? 16.0045. FIVE-YEAR LIMITATIONS PERIOD. (a) A person
must bring suit for personal injury not later than five years after
the day the cause of action accrues if the injury arises as a result
of conduct that violates:

(1) Section 22.011, Penal Code (sexual assault); or

(2) Section 22.021, Penal Code (aggravated sexual
assault).

(b) In an action for injury resulting in death arising as a
result of conduct described by Subsection (a), the cause of action
accrues on the death of the injured person.

(c) The limitations period under this section is tolled for
a suit on the filing of a petition by any person in an appropriate
court alleging that the identity of the defendant in the suit is
unknown and designating the unknown defendant as 'John or Jane Doe.'
The person filing the petition shall proceed with due diligence to
discover the identity of the defendant and amend the petition by
substituting the real name of the defendant for 'John or Jane Doe'
not later than the 30th day after the date that the defendant is
identified to the plaintiff. The limitations period begins running
again on the date that the petition is amended.

? 74.251. STATUTE OF LIMITATIONS ON HEALTH CARE
LIABILITY CLAIMS. (a) Notwithstanding any other law and subject
to Subsection (b), no health care liability claim may be commenced
unless the action is filed within two years from the occurrence of
the breach or tort or from the date the medical or health care
treatment that is the subject of the claim or the hospitalization
for which the claim is made is completed; provided that, minors
under the age of 12 years shall have until their 14th birthday in
which to file, or have filed on their behalf, the claim. Except as
herein provided this section applies to all persons regardless of
minority or other legal disability.

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Contact one of our personal injury lawyers to discuss your case today. You can submit your personal injury case, or just ask a question, it's free, and you pay absolutely nothing until we win your case. *The information on this website regarding Statutes of Limitations is for informational purposes only and may not be up to date or accurate.