This is the next article in our series on the handling of sexual assault lawsuits in the state of Texas. Our last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you or a loved one have been the victim of such an act. It is important to speak with counsel sooner, and not later, as it is important to preserve evidence in such matters. In this article, we will be discussing our state’s statute of limitations in regard to such matters. If you are in need of assistance then contact us today to speak with a personal injury lawyer.
Texas’ statute of limitations for sexual assault lawsuits depends on whether the victim was a child at the time of the act
Texas’ statute of limitations for these types of cases is found in §16.0045 of the Texas Civil Practice and Remedies Code. Under the relevant sections, offenses in which the victim was a minor or disabled individual will have thirty years, from the time of the incident, to bring an action. If the act occurred when the victim was already an adult, then they will have five years. It is important to understand that if a suit is not filed prior to the running of these timeframes, then the victim will forever lose their right to gain recovery. The fact that the offense occurred will not matter. Being timely, therefore, is crucial.
It is important to understand that the above-referenced timeframes begin to run once a victim discovers their injuries. In some instances this may not occur until well after the act itself. Examples of situations in which the proverbial clock may not begin tick on the statute of limitations include those in which a victim was unconscious or medicated (such as someone who is assaulted in a nursing home while under heavy medication) or an incident in which a victim sustained a permanent injury which is not discovered until later (possibly including psychological trauma). Whether or not the statute of limitations has begun to run will always depend on the specific facts of a given situation.
The foregoing is best explained through an example. Suppose Jill is going into the hospital for surgery. After her operation, she is sedated in a recovery room and, unfortunately, one of the nurses engages in inappropriate conduct. Six years later, Jill learns that she is unable to have children and the source of this issue is an injury sustained. The doctors determine that she was a victim of sexual assault and that is how the injury was caused. Jill, who is thirty years old, is able to to establish that a nurse committed the incident while she was sedated. Even though it has been more than five years since the incident, Jill may be able to bring a claim as she did not discover the situation until later. Again, calculating the statute of limitations will always be situation specific, but this example shows how the time may not begin to run until later in some instances.
Contact a Fort Worth sexual abuse lawyer as soon as possible
If you have been the victim of such an act then it is important that you speak with counsel as soon as possible. In addition to preserving the statute of limitations, your attorney will take immediate steps to ensure the preservation of evidence. This may include sending a demand to relevant employers or other entities demanding the maintaining of written documents, electronic records, surveillance footage, etc. In situations which do not involve a criminal charge, proving the allegations may be difficult. By taking immediate steps to protect evidence, an attorney can help to ensure that your rights are preserved.
The Fort Worth sexual abuse lawyers of Noteboom – The Law Firm have been serving victims in the area for decades. We understand the serious nature of such cases and will give your matter the attention it deserves. We have multiple attorneys who are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization and we employ an on-staff investigator. Contact us online or by telephone for an initial consultation. We look forward to speaking with you. In addition to Texas’ greater DFW area, we also handle matters in Arlington, Austin, Denton, Frisco, Irving, Lufkin, Garland, Houston, McKinney, Richardson, San Antonio, and the rest of the state.