Exceptions for Filing a Claim Past Deadline

In Texas, there are limited exceptions that may allow for the filing of a personal injury claim past the statute of limitations deadline. These exceptions include:

• Minority: If the injured party was a minor (under the age of 18) at the time of the accident, the statute of limitations may be tolled, meaning it doesn't start running until the minor reaches the age of 18. In such cases, the injured party typically has two years from their 18th birthday to file a claim.
• Mental Incapacity: If the injured party was mentally incapacitated at the time of the accident, such as being in a coma or suffering from a severe cognitive impairment, the statute of limitations may be tolled until they regain capacity.
• Discovery Rule: In certain cases where the injury or its cause was not immediately apparent or discoverable at the time of the accident, Texas follows the discovery rule. This rule allows the statute of limitations to start running from the date the injury or its cause was discovered or reasonably should have been discovered.
• Fraudulent Concealment: If the defendant fraudulently conceals information that would have allowed the injured party to discover their cause of action, the statute of limitations may be tolled until the concealment is discovered or should have been discovered with reasonable diligence.

It's important to note that these exceptions are narrowly construed, and whether they apply to a specific case depends on the unique facts and circumstances. If you believe you may qualify for an exception to the statute of limitations deadline, it's crucial to consult with an experienced personal injury attorney in Texas who can evaluate your case and advise you on the best course of action.