What are the applicable statutes of limitations?
The applicable statutes of limitations in Texas for civil procedure are determined by the type of claim being made. Generally, a person in Texas typically has 2 years from the date of an injury or wrongful act to file a lawsuit. For certain types of claims, including fraud or breach of fiduciary duty, the statute of limitations can be shortened to one year. Additionally, Texas has some unique tolling rules, which can either stop or extend the statute of limitations, depending on the circumstances. For instance, if a person is a minor, then the statute of limitations is tolled until they reach the age of majority. Similarly, if a person is declared mentally incapacitated, then the statute of limitations will be tolled until they can be declared competent. Finally, it is important to note that statutes of limitations can vary based on the type of cause of action. For example, some causes of action have a 4-year statute of limitations, such as claims related to written contracts. Therefore, it is important to be familiar with the statuses of limitations for each type of claim before filing a lawsuit.
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