In Texas, the statute of limitations sets a strict deadline for filing lawsuits. If you miss the deadline, your case may be dismissed, no matter how strong your claims are. But what many Texans don’t realize is that there are several exceptions that can pause, extend, or delay the statute of limitations.
Here are 9 key exceptions to the statute of limitations in Texas that you should know.
1. Minority (Under 18 Years Old)
If the injured party is under 18 at the time of the incident, the statute of limitations does not begin until they turn 18. For example, a minor injured in an accident generally has two years after their 18th birthday to file a personal injury lawsuit.
2. Mental Incapacity
If the injured person is deemed legally mentally incompetent at the time of the injury, the statute of limitations may be tolled (paused) until they regain legal capacity.
3. Fraudulent Concealment
If the defendant intentionally hides their wrongdoing, the statute of limitations may be extended. The clock begins running only when the fraud is discovered—or should have been discovered with reasonable diligence.
4. Discovery Rule
In some cases, the injury or harm is not immediately apparent. The discovery rule allows the statute of limitations to start when the injury is discovered, rather than when it actually occurred. Common in medical malpractice and toxic exposure cases.
5. Defendant Leaves the State
If the person you are suing leaves Texas after the incident, the statute of limitations may be paused during the period of their absence.
6. Death of a Party
If either the plaintiff or the defendant dies before a lawsuit is filed, the statute of limitations may be paused to allow time for probate proceedings and proper substitution of parties.
7. Criminal Cases Involving Felonies
Certain felonies in Texas—such as sexual assault, murder, or crimes against children—have longer or no statutes of limitation. For instance, murder has no statute of limitations in Texas.
8. Breach of Warranty in Product Liability
In product defect cases, if a product carries an express warranty extending beyond the normal limitations period, a lawsuit may still be filed within the warranty period.
9. Written Agreements to Extend Limitations
In rare situations, parties may enter into a written agreement to extend the statute of limitations. These agreements must comply with Texas law to be enforceable.
WHY THESE EXCEPTIONS MATTER
Failing to file within the statute of limitations can destroy your case, but knowing these exceptions can make the difference between dismissal and recovery. Courts strictly interpret these rules, so it’s critical to consult with an attorney to determine whether an exception applies.
FINAL THOUGHT
The statute of limitations in Texas is strict, but exceptions exist for minors, incapacitated individuals, fraud, concealment, and certain criminal and civil claims. Understanding these exceptions is essential to protecting your legal rights.
Have Questions About Your Case Timeline?
Contact The Law Office of Bryan Fagan, PLLC today for a consultation. Our experienced attorneys can evaluate whether an exception to the statute of limitations applies in your situation and ensure your case is filed on time.
Bryan Fagan is a Texas family law attorney with a heart for adoption—inspired not just by his legal career, but by his own family story. Growing up in Atascocita with two adopted brothers, Bryan learned early the profound meaning of chosen family. His passion for justice was sparked by John Grisham’s The Pelican Brief, and he became the first lawyer in his family, balancing night classes at South Texas College of Law while caring for his grandmother with Alzheimer’s.
Today, Bryan brings that same dedication to his practice, guiding families through adoptions, custody disputes, divorces, and complex marital agreements. A certified member of the College of the State Bar of Texas, he combines elite legal expertise with genuine empathy—drawing from his roles as a husband, father of three, and advocate for families facing false CPS allegations.
Based in Houston, Bryan is actively involved in the Houston Bar Association’s Family Law Sector and statewide family law organizations. Whether finalizing an adoption or protecting parental rights, he believes the law should reflect the deepest values of home, commitment, and love.