# Texas Statutes of Limitations | Attorney Brian White **Table of Contents***[*Expand*]* 1. What Is a Statute of Limitations? 2. Discovery 3. Delays in Texas 4. Texas Civil Statute of Limitations 5. Texas Criminal Statute of Limitations 6. Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers For Help ![Texas Statutes of Limitations](https://attorneybrianwhite.com/wp-content/uploads/2018/01/Texas-Statutes-of-Limitations-300x200.jpg) All legal proceedings face restrictions – a statute of limitations – on how long after the incident a claim or prosecution may occur. In [Texas](https://www.texas.gov/), the law divides these limitations into two categories, civil and criminal. Here is what you need to know about a statute of limitations and what kinds of limitations the state of Texas enforces. ## What Is a Statute of Limitations? A statute of limitations sets the maximum time parties to have to take legal action following an offense. A statute of limitations goes into effect when a lawsuit eligible injury happens or a criminal commits a crime. The limitations vary depending on the type of case filed. Medical malpractice claims face different restrictions than credit fraud, for example. Some exceptions do exist, but generally, the statute holds most proceedings to a hard deadline. These laws exist out of interest for the public’s well-being. They prompt people to pursue their cases in a timely manner, particularly in cases where evidence may be perishable. The U.S. Supreme Court stated these laws [promote justice](https://www.law.cornell.edu/supremecourt/text/321/342) by stopping surprise revelations in proceedings years after evidence vanishes, memories wane, and witnesses move on or pass away. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## Discovery Sometimes, a person may not [discover an injury](https://www.jdsupra.com/legalnews/texas-law-update-statute-of-limitations-9555083/#:~:text=The%20discovery%20rule%20applies%20when,the%20exercise%20of%20reasonable%20diligence.) for a lengthy period after the event. Credit fraud could take several months to surface. A medical problem stemming from misdiagnosis may only appear when the patient’s health begins to deteriorate. In these cases, holding the patient or victim to the same statute of limitations does not constitute fair treatment under the law. One cannot file a lawsuit if one did not realize what happened. In these cases, the limitation begins upon discovery or when a victim should have discovered it, not when the crime or misdiagnosis happened. ## Delays in Texas Some cases require the statute of limitations not to start until [after an event passes](https://www.govinfo.gov/content/pkg/USCOURTS-txnd-3_06-cv-01542/pdf/USCOURTS-txnd-3_06-cv-01542-0.pdf). This is called “tolling,” when the statute has been stopped for a period of time. The involved party might have a legitimate reason for not pursuing a claim attending until a certain date, even when they know of the injury. This happens most often in cases involving individuals who are disabled, who are minors, who are declared mentally incompetent or bankrupt, or who are obligated to be away through legal obligations for an extended period of time. A deployed soldier might fall into this category, particularly if the soldier sustains injuries that delay his or her return. [Click to contact](/contact-us/) us today ## Texas Civil Statute of Limitations Here are some civil statutes of limitations of note: 1. Personal injury and negligence – 2 years, discovery usually applicable 2. [Wrongful death](https://attorneybrianwhite.com/houston-tx/wrongful-death-lawyer/) – 2 years, discovery applicable 3. Medical malpractice – 2 years, discovery usually applicable 4. Legal and professional malpractice – 2 years 5. Product liability – 2 to 15 years, discovery/exceptions applicable 6. Fraud – 4 years 7. [Personal property damages](https://attorneybrianwhite.com/blog/property-damage/) – 2 years 8. Libel/slander/defamation – 1 year from publication/incident date 9. Contracts – 4 years written/oral 10. Assault and battery – 2 years Complete a [Case Evaluation Form](/contact-us/) Now ## Texas Criminal Statute of Limitations Here are some notable criminal statutes of limitations: 1. Murder/manslaughter/hit-and-run resulting in death – None 2. Specific sexual assaults (including of a child) – None 3. Human trafficking – None 4. Injury to elderly or disabled – 10 years 5. Forced prostitution – 10 years 6. Forgery/arson/theft involving fiduciaries/officials – 10 years 7. theft/burglary/robbery – 5 years 8. Insurance fraud – 5 years 9. Abandoning/endangering a child – 5 years 10. All remaining felonies – 3 years ## Contact the Houston Personal Injury Lawyers at Attorney Brian White Personal Injury Lawyers For Help Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. [Avvo](https://www.avvo.com/attorneys/77098-tx-brian-white-74113.html) / [Justia](https://lawyers.justia.com/lawyer/brian-elliott-white-201630) / Linkedin / [Facebook](https://m.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2FBrianWhiteLawFirm%2F&wtsid=rdr_0KPoLvza7jKdVSDs7/) / [Youtube](https://www.youtube.com/channel/UCDdkDcGkbY2GFTzpeTWypFQ) / [Instagram](https://www.instagram.com/accounts/login/?next=https%3A%2F%2Fwww.instagram.com%2Fattorneybrianwhite%2F%3Fhl%3Den&is_from_rle/) / [Yelp](https://www.yelp.com/biz/brian-white-and-associates-houston) / Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Personal Injury Blog Posts: [![How To Avoid Injuries at The Ice Rink At The Woodlands, TX?](https://attorneybrianwhite.com/wp-content/uploads/2024/12/How-To-Avoid-Injuries-at-The-Ice-Rink-At-The-Woodlands-TX-2-300x200.jpg)](https://attorneybrianwhite.com/blog/how-to-avoid-injuries-at-the-ice-rink-at-the-woodlands-tx/) [How to Avoid Injuries at the Ice Rink at The Woodlands, TX](https://attorneybrianwhite.com/blog/how-to-avoid-injuries-at-the-ice-rink-at-the-woodlands-tx/) The Ice Rink at The Woodlands, TX, is a popular spot for families, friends, and skating enthusiasts to have fun, [![Timeline of a Personal Injury Case According to a Personal Injury Lawyer](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/timeline-of-a-personal-injury-case-according-to-a-personal-injury-lawyer/) [Timeline of a Personal Injury Case According to a Personal Injury Lawyer](https://attorneybrianwhite.com/blog/timeline-of-a-personal-injury-case-according-to-a-personal-injury-lawyer/) Timing is crucial in almost all areas of law. Plaintiffs need sufficient evidence to establish a legal cause [![Common Car Accident Scenarios](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/common-car-accident-scenarios/) [Common Car Accident Scenarios](https://attorneybrianwhite.com/blog/common-car-accident-scenarios/) Although fatality rates have been dropping, over 6 million car accidents happen in the United States each [![Houston Car Accident Statistics](https://attorneybrianwhite.com/wp-content/themes/brian-white/assets/app/img/default-thumb.webp)](https://attorneybrianwhite.com/blog/houston-car-accident-statistics/) [Houston Car Accident Statistics](https://attorneybrianwhite.com/blog/houston-car-accident-statistics/) Houston has over 2.3 million residents. As the most populous city in Texas, Houston also has more registered --- Source: https://attorneybrianwhite.com/blog/texas-statutes-of-limitations/