What is the statute of limitations for civil actions?
In Texas, the statute of limitations is the legal term for the maximum amount of time a person can wait before filing a civil lawsuit for a wrongdoing. This time limit varies depending on the type of civil action. Generally, the statute of limitations in Texas for a civil action is two years, meaning that the plaintiff must file the lawsuit within two years of the wrongful act or be barred from filing. For some types of cases, such as personal injury, libel, and fraud, the time limit can be extended in certain circumstances – such as when the plaintiff is a minor or was mentally incapacitated. In such cases, the statute of limitations would start either when the person reaches the age of 18 or when the disability is removed. In addition, some statutes of limitation have shorter time frames depending on the circumstances. For instance, if the defendant was out of the state for part of the two-year period, the statute of limitations would be shortened to the amount of time the defendant was absent. However, even if a statute of limitations has expired, a plaintiff can still file a claim if the defendant has attempted to hide the wrong doing, which is known as the doctrine of discovery. If the defendant had done something to intentionally conceal the wrong, the plaintiff has three years from the date of discovery to file a claim. Thus, the statute of limitations is an important concept when filing a civil action, and can vary depending on the type of case and the circumstances of the defendant. It is important to consult with an attorney for advice and to ensure that a claim is filed in a timely manner.
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