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Top Facts About Statutes of Limitations

Understand a case's statute of limitations
Image Credit – Vitalii Vodolazskyi/

Filing a lawsuit is not a decision most individuals or businesses take lightly. Without the support and guidance of a McKinney litigation attorney, you may not realize all the steps required to secure compensation. And while you may feel the temptation to procrastinate, filing a lawsuit is not something you want to delay. The reason for timeliness stems from something that cannot be avoided – an important rule known as the statute of limitations.

When you are looking to file your lawsuit, you must follow all the rules and regulations of the court. One of these requirements is that you file your lawsuit within the statute of limitations. We will explore what this means exactly and how to successfully file your lawsuit. If you have any questions, you can call the team at Lucé Law, PC to help handle your case.

What Are Statutes of Limitations?

Statutes of limitations are rules about how long you can wait to file your lawsuit. For example, it prevents people from filing lawsuits regarding events that occurred years and years ago. If you attempt to file a lawsuit after the statute of limitations has passed, the court will dismiss your case, and you will not be able to recover compensation.

How Long Is the Statute of Limitations in Texas?

The statute of limitations in Texas can vary significantly, depending on the type of case. However, in almost all cases you will have a year or more to file a lawsuit – this ensures enough time to begin the process and hire an attorney. It is worth noting that a litigation attorney is not only needed for going to court. To build a strong claim for compensation the attorney will also conduct needed investigations. In brief, do not wait for the statute of limitations to run out before contacting an attorney.

Examples of Statutes of Limitations in Texas

The statute of limitations usually begins from the date the criminal act or negligent act took place. Here are some examples in Texas civil law.

  • Libel or slander – one year.
  • Product liability – two years or 15 years.
  • Fraud – four years.
  • Breach of contract – four years.
  • Property damage – two years.

Why Is the Statute of Limitations Necessary?

The statute of limitations protects a defendant from civil lawsuits or criminal prosecution after a specified amount of time has passed. This is because as time goes on, remembering the details of an event and accessing vital evidence will become more difficult. Therefore, a time limit is placed on lawsuits (which is dependent on the type of case).

Can I File a Lawsuit After the Statute of Limitations

You must file a lawsuit within the time limit written into Texas law – with some exceptions. While you could attempt to pursue civil litigation after the deadline has passed, it is unlikely that a judge would allow the claim to proceed. When in doubt, contact a law firm with an area of focus that’s related to your case. For instance, if your issue involves property or an inheritance, contact an estate disputes lawyer or real estate attorney. Your attorney will investigate your claim and offer advice on the best path toward reaching a legal settlement.

Civil Litigation Attorneys Serving Collin County and Beyond

Lucé Law, PC works with personal and business clients and covers business law, estate planning, family law, real estate litigation and much more. To discuss litigation matters, including the statute of limitations, contact our McKinney law office. Call (972) 632-1300  or request a free legal consultation today.

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