Is there a statute of repose for catastrophic injury cases?

Yes, there is a statute of repose for catastrophic injury cases in Texas. This statute, which is part of the Texas Civil Practice and Remedies Code, states that an individual must bring a catastrophic injury claim within two years of the date of the injury. After this time period passes, claims can no longer be made, and the injured person will no longer be able to receive either monetary compensation or punitive damages from the party responsible for their injuries. The statute of repose also includes exceptions to the two-year limit. In cases of fraudulent concealment or intentional misrepresentation, the two-year window of time to file a claim may be extended. In cases of fraud, fraudulent concealment or intentional misrepresentation, the statute of repose is extended to two years from the date the injured person discovers or reasonably should have discovered the injury. Additionally, Texas law provides a two-year age cap on catastrophic injury claims. This means that children under the age of two years old can pursue a claim for up to four years, and minors younger than 18 years of age can file a claim up to two years after their 18th birthday. Finally, in cases of catastrophic injury, the two-year statute of repose may be extended if a wrongful death claim is brought. Overall, Texas law does provide a statute of repose for catastrophic injury cases. It is important to keep in mind, however, that filing a claim within the two-year limit is the only way to receive compensation for an injury, and that there are exceptions and age restrictions which should be taken into consideration.

Related FAQs

Can I still file a claim if I was partially at fault for my injury?
How can I finance my catastrophic injury lawsuit?
How can I prove the cause of my injury in a catastrophic injury case?
How do I prove my medical expenses in a catastrophic injury case?
How can I protect my rights during the settlement process in a catastrophic injury case?
Can I file a claim for my emotional suffering in a catastrophic injury case?
What is the legal definition of catastrophic injury?
What are the damages available in a catastrophic injury lawsuit?
Is there a limit to the amount I can recover in a catastrophic injury lawsuit?
What is the difference between a personal injury claim and a catastrophic injury claim?

Related Blog Posts

Uncovering Punitive Damages in Catastrophic Injury Lawsuits - July 31, 2023
Determining the Difference between Compensatory and Punitive Damages for Catastrophic Injury Cases - August 7, 2023
Understanding How to File a Catastrophic Injury Lawsuit - August 14, 2023
Exploring the Economic and Non-Economic Damages Eligible for Compensation in Catastrophic Injury Claims - August 21, 2023
Navigating State and Federal Catastrophic Injury Laws to Maximize Injury Compensation - August 28, 2023