Texas Statute of Limitations

Pennsylvania Statute of Limitations
In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.

Statute of limitations varies from state to state regarding the many types of fatal accidents. The last thing you want to do as the family of a victim of an accidental fatality is miss your opportunity to file a lawsuit.

Do You Have a Texas Statute of Limitations Lawsuit? »

Here are some important facts to consider about Texas’s statute of limitations and time limits for filing a lawsuit:

• Negligence – 2 yr statute of limitations. Statute begins to run from the time client discovers or should have discovered, the negligent act.
• Medical Malpractice– Against health care providers = within 2 yrs. of date of act giving rise to injury. (applies to minors 12 yrs. and older); Minors under 12 yrs. old = must file by 14th birthday. Claims against managed care entities and HMO’s = must comply with various utilization requirements under Texas Insurance Code before filing suit.
• Product Liability – 2 years after suffering injury
• Wrongful Death – 2 years after date of death
• Survival – 2 years

Caps on Lawyers Awards: None

Texas Caps on Damage Awards

Medical Malpractice - Texas limits noneconomic damages for all doctors and health care practitioners to $250,000.00. Total liability for any one health care facility may not exceed $250,000.00, and total liability for all defendant health care facilities may not exceed $500,000.00. This creates an effective overall damages cap of $750,000.00. Cap of punitive damages at the greater of $ 200,000 or four times the amount of actual damages

Product Liability– $250,000 limitation on all damages, exclusive of medical expenses Texas statute capping punitive damages at the greater of $ 200,000 or four times the amount of actual damages did not violate the Texas Constitution's due course of law provision, the court held in Seminole Pipeline Co. v. Broad Leaf Partners, Inc., 979 S.W.2d 730, 142 O.G.R. 338 (Tex. App. Houston 14th Dist. 1998).

Pharmaceutical cases – $250,000 limitation on all damages, exclusive of medical expenses

Texas Minors – Except in cases of medical malpractice or wrongful death, the statute of limitations begins to run on the minor’s 18th birthday

Contact Our Wrongful Death Lawyers Today »

Texas Department of Public Safety
5805 North Lamar Blvd., PO Box 4087
Austin, Texas 78773-0001
512-424-2000
http://www.txdps.state.tx.us/

Texas Trial Lawyer Association
1220 Colorado Street, Suite 500
Austin, Texas 78701
214-745-8852
http://www.ttla.com/tx

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