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Missing a legal deadline can put a quick end to your case
Statutes of limitation set deadlines for filing lawsuits in Lubbock. Understanding these timelines, including exceptions like the discovery rule, can help protect your legal rights.
The term "statute of limitations" might sound like a big, scary legal concept best left to lawyers. But in reality, it’s something you should be familiar with well before meeting with an attorney in Lubbock.
Knowing the statute of limitations for your specific case can help ensure you take timely action to protect your rights.
What is a statute of limitations?
A statute of limitations is a legal deadline that determines how long you have to file a lawsuit to protect your right to pursue a claim. Missing this deadline means your case will be dismissed, and you will not have an opportunity to refile it.
In Texas, statutes of limitation are governed by state law, meaning the statutes of limitation in Lubbock are the same as those in Dallas or any other part of the state. However, local procedural nuances, such as court filing processes, can impact how you file a claim.
The statutes of limitation are outlined in the Texas Civil Practice and Remedies Code. Here are the deadlines most likely to apply to your lawsuit:
| Statute of Limitations in Lubbock, Texas | ||
|---|---|---|
| Personal injury | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Property damage | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Wrongful death | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Product liability | 2 years | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Medical malpractice | 2 years | Tex. Civ. Prac. & Rem. Code § 74.251 |
| Fraud | 4 years | Tex. Civ. Prac. & Rem. Code § 16.004 |
| Breach of contract | 4 years | Tex. Civ. Prac. & Rem. Code § 16.004 |
Suing the city of Lubbock
When suing the city of Lubbock or another governmental entity, you need to follow specific procedural rules that are closely related to the statute of limitations. While these rules don’t directly affect the statute of limitations, they function like a separate deadline that must be met to preserve your claim.
One key requirement is submitting a notice of claim before filing a lawsuit. In Lubbock, claimants typically have six months from the date of the incident to file this notice (Tex. Civ. Prac. & Rem. Code § 101.101).
The notice must address:
- The damage or injury claimed,
- The time and place of the incident, and
- The incident
For instance, if you slipped and fell while walking through Mackenzie Park, you would need to notify the city in writing within this six-month timeframe. Your notice might look something like this:
Sample Notice of Claim
Claimant’s Information:
Jane Smith
456 Oak Street
Lubbock, TX 79401
(806) 555-555
Date: September 1, 2025
To:
City of Lubbock
Department of Public Works
1625 13th Street
Lubbock, TX 79401
Re: Notice of Claim for Damages
Description of the incident: On August 28, 2025, at approximately 4:00 PM, I was walking through Mackenzie Park near the playground when I slipped and fell on a patch of wet pavement that was not marked with any warning signs. The fall caused me to hit my head and injure my left wrist.
Nature of the claim: As a result of the slip and fall, I suffered a fractured wrist and a mild concussion, requiring medical treatment, including X-rays and physical therapy. I believe the City of Lubbock is responsible for failing to maintain safe conditions or adequately warn park visitors of the hazard.
Amount of compensation sought: I am seeking compensation for medical expenses, lost wages, and pain and suffering, estimated at $50,000.
Signature:
Jane Smith
(Signature)
Date: September 1, 2025
Failure to file this notice could bar your claim entirely, even if the two-year statute of limitations for personal injury claims has not yet expired.
When does the clock start running?
The statute of limitations clock usually starts ticking on the date the injury or incident occurs. However, there is an important exception known as the discovery rule, which applies when a person is unaware of the wrongful act or injury at the time it happens.
The discovery rule delays the start of the statute of limitations until the plaintiff knows, or reasonably should know, the facts giving rise to their claim.
The discovery rule is common in cases involving medical malpractice or defective products, where the harm may not be immediately apparent. For instance, a surgical error might not be discovered until complications arise months or even years later, or a defective product might cause harm that isn’t obvious until after prolonged use.
Still not clear on the discovery rule? Consider the following hypothetical:
On January 1, 2020, Byron Davis underwent abdominal surgery at the Grace Clinic General Surgery Center in Lubbock. After the procedure, Mr. Davis experienced chronic pain but attributed it to normal post-surgical recovery.
On January 15, 2022, he developed severe infections and sought medical attention. During an examination, doctors discovered that a surgical sponge had been left in his abdomen during the 2020 operation. The sponge caused internal damage and led to the infections.
Under the standard two-year statute of limitations for medical malpractice in Texas, Mr. Davis’ claim would typically have been barred. However, because he didn’t discover the wrongful act until 2022, the discovery rule allows the statute of limitations to start at the time he learned of the injury. This gave Mr. Davis until January 15, 2024, to file his lawsuit, ensuring he had a fair opportunity to seek compensation.
Exceptions to the statute of limitations
Certain situations can pause (or "toll") the statute of limitations, providing injured parties additional time to file a claim. Some common exceptions include:
- Minors: If the injured party is under 18, the statute of limitations doesn’t start until they turn 18. For example, if a 16-year-old is injured in a car accident in Lubbock, they would have until their 20th birthday to file a claim.
- Mental incapacity: If the injured party is mentally incapacitated at the time of the injury, the clock may be tolled until they regain capacity.
- Fraudulent concealment: If the defendant deliberately hides their wrongdoing, the statute of limitations may be extended until the fraud is discovered.
Should I contact a Lubbock attorney if the statute of limitations has run?
Yes! Even if you think the statute of limitations has expired, you should still consult a Lubbock attorney. There are several reasons for this:
- Possible exceptions: An experienced lawyer can evaluate whether exceptions like the discovery rule apply to your case.
- Alternative legal options: Even if the statute of limitations for one type of claim has expired, a skilled attorney may identify another viable legal cause of action to pursue compensation.
- No cost for consultation: Most personal injury attorneys in Lubbock offer free initial consultations, so there’s no risk in seeking advice.
If you have questions or concerns about the statute of limitations, it’s a good idea to meet with a personal injury attorney. We’ve rated the top 10 personal injury attorneys in Lubbock using our thorough TRUST evaluation method to help you get started.
See our guide Choosing a personal injury attorney.