Exceptions to Statute of Limitations - Texas

In Texas, the statute of limitations establishes a time window which gives room to file lawsuits; however, an exception arises and in fact there are notable Exceptions to the Statute of Limitations in Texas that provides extension or even removal of this period.

Generally, the statute of limitations in Texas is two years from injury or harm caused by someone’s negative act. Still, there are some exceptions to this rule.

Knowledge of these exceptions is important in fields like criminal law, personal injury cases, car accidents and family law, and we will discuss some of the most common exceptions in this blog.

• What is the Statute of Limitations?
  
• Exceptions to the Statute of Limitations in Texas
  
• Criminal Offenses
  
• Sexual Assault
  
• Personal Injury and Car Accidents
  
• Product Liability Cases
  
• Personal Injuries Resulting in Fatalities
  
• Asbestos and Silica-Related Cases
  
• Construction Defects
  
• Additional Exceptions
  
• Claims Against Government Entities
  
• Statute of Limitations for Children
  
• Sexual Crimes Against Minors
  
• Sex Crimes Against Adults
  
• Discovery Rule
  
• Family Law
  
• Establishing Paternity in Texas
  
• Exception in Paternity Suits
  
• Tolling the Statute of Limitations
  
• Broader Implications
  
• Tolling of the Statute of Limitations
  
• Conclusion
  

What is the Statute of Limitations?

The statute of limitations is a state law which determines the time within when legal actions may be instituted. Therefore, after the mentioned period no case can be filed in connection to an incident or event.


The time limits for criminal offenses, family law and most personal injury cases and car accused vary in Texas:

Nevertheless, there are some exceptions that might prolong or abolish the statute of limitations depending on circumstances.

Exceptions to the Statute of Limitations in Texas

In some cases, the statute of limitations does not apply or is lengthened so that people can sue in spite of having missed their window.These exceptions are outlined below:

Criminal Offenses

The statute of limitations in Texas, particularly for criminal cases, encompasses various specifics and exceptions that are crucial to understand:

• No Statute of Limitations for Specific Crimes: These crimes can be tried regardless of when they happened.
• Murder
• Manslaughter
• Certain sexual assaults involving minors
• Extended Statute of Limitations for Crimes Against Children:
• The statute of limitations may begin when the child victim turns 18 years old.
• This provision gives additional time for legal actions in cases involving minors.

Sexual Assault

• General Cases: Five-year statute of limitations.
• Child Sexual Abuse: 15-year statute of limitations under Section 16.0054 of the Texas Civil Practice and Remedies Code.
• Exceptions: Cases involving aggravated sexual assault, human trafficking, forced prostitution, and assault of non-minors have different limitations.

For a comprehensive understanding of these legal timeframes and their exceptions, the Texas Code of Criminal Procedure, Art. 12.01, is a valuable resource.

Personal Injury and Car Accidents

In Texas, the statute of limitations for personal injury and car accident cases generally spans two years from the date of the incident. This limitation is crucial as it dictates the time frame within which an individual must file a personal injury claim or lawsuit to seek damages for their injuries. However, there are specific conditions under which the Texas personal injury statute period can be extended:

Product Liability Cases

• Time Frame: 15 years from the date of product sale.
• Extension: If indicated in writing by the manufacturer or retailer, the time frame extends to the product's stated safe life over 15 year.

Personal Injuries Resulting in Fatalities

• Start Point: The statute of limitations begins on the death of the injured person, not the date of the accident.
• Duration: Two years from the date of death.

Asbestos and Silica-Related Cases

• Deadline: Two years from either the date of the exposed person's death or from serving a compliant report on a defendant.
• Specifics: Applies to personal injury cases and deaths due to silica or asbestos exposure.

Construction Defects

• Limitation: 10 years for injuries caused by defects from architects, designers, etc.

Additional Exceptions

• General Aviation Revitalization Act of 1994: Up to 18 years for incidents involving aircraft.
• Jones Act: Three years for injuries on marine vessels.

Claims Against Government Entities

• Time Frames: Varies from 30 days to 90 days for notice, depending on the government entity.
• Statute of Limitations: Two years for city, county, or state government claims; six months or two years for Federal Government claims, whichever is shorter.

Statute of Limitations for Children

• General Rule: Tolled until the minor reaches 18 years old.
• Specifics: For medical malpractice claims, the timeframe may be shorter.

Sexual Crimes Against Minors

• Time Frame: Up to 30 years after the minor turns 18.
• Applicable Crimes: Various forms of sexual assault and trafficking.

Sex Crimes Against Adults

• General Cases: Five-year statute of limitations.
• Child Sexual Abuse: 15-year statute of limitations under Section 16.0054 of the Texas Civil Practice and Remedies Code.
• Exceptions: Cases involving aggravated sexual assault, human trafficking, forced prostitution, and assault of non-minors have different limitations.

Discovery Rule

• Application: When an injury is inherently undiscoverable within the statute of limitations period.
• Effect: Tolling the statute of limitations until the injury could have been discovered with due diligence.
• Extension: If indicated in writing by the manufacturer or retailer, the time frame for the personal injury case extends to the product's stated safe life over 15 years.

These exceptions are provided to make sure that the legal process does not operate unfairly, since there are some circumstances in which people could be unable to file a lawsuit on time. These details are important to note for persons who may be involved in personal injury claims or car accident cases and need court proceedings to defend themselves.

For further information and details, see the Texas Civil Practice and Remedies Code specifically Chapter 16 on statutes of limitations for several civil actions. Case-based guidance by a personal injury lawyer immediately is advised.

Family Law

The Texas law in family jurisdiction especially paternity suits it offers ample flexibility. A party may file a paternity claim until the child reaches age majority, meaning that fathers can assert their parentage long after birth.

In Texas, the statute of limitations in family law, particularly regarding paternity suits, includes specific exceptions and extensions to accommodate various circumstances, ensuring fairness and justice:

Establishing Paternity in Texas

• Flexibility in Filing: Paternity suits may be filed in Texas at any period before the child attains adulthood. This implies that a father agency or any other relevant parties can file for paternity suit even years after the child is born.
• Significance: However, this flexibility is essential because it allows setting up legal paternity which may have major implications concerning child support, custody and inheritance or other demands from the child’s side.

Exception in Paternity Suits

• Living Arrangement and Sexual Intercourse: There is an exception to the statute of limitations if mother and presumed father did not cohabit or copulate at the probable time of conception.
• Misrepresentation: There is also an exception where the presumed father assumed that he was a biological parent due to misrepresentation. (Tex. Fam. Code § 160.607).

Tolling the Statute of Limitations

• Incapacitation or Minor Age: The statute can be paused or suspended when a party is an incapacitated person (legal disability) or a minor at the time of cause of action.
• Fraud or Concealment: However, extensions can be made if a party commits fraud or fails to disclose material facts.

Broader Implications

The above exceptions and tolling provisions under Texas law provide examples of a more subtle approach to legal time limits, which allows people opportunities to pursue their remedies after the expiration of standard limitation periods.


To learn about specific cases and legal interpretations in more detail, it is recommended that you seek help from a lawyer or find the Texas Family Code along with other essential sources of law.

Tolling of the Statute of Limitations

The statute of limitations for a claim can also pause in Texas under the idea known as ‘tolling.’ It happens in various situations, for instance when the accused is indicted on an offense (the limitation period stops and does not run again before trial) or if this person leaves Texas.


These exceptions to the statute of limitations in Texas highlight how this state caters specifically for each case’s particular circumstances driven by justice. Regardless whether we are talking about a criminal charge, personal injury lawsuit or family law case these exceptions guarantee that legal proceedings run as quickly and fairly to reflect the peculiarities of each particular situation.

Conclusion

In conclusion, the statute of limitations is an essential topic to know among individuals involved in litigation within Texas. You should keep in mind that there may be other time limits or exceptions applicable to your case. A consultation with an attorney who is knowledgeable in the proceedings gives you a better chance at following all possible deadlines and being able to pursue justice.

John Ball, Attorney at Law is a trusted and experienced legal professional in Texas who can provide guidance and representation for various legal matters. From a car accident ot personal injury attorney, to a double board certified criminal defense and family law attorney, John Ball is here to help. Contact us today to schedule a consultation and discuss your case.

Remember, time is of the essence when it comes to the statute of limitations in Texas, so do not delay in seeking help from a qualified attorney.