What is Texas’ Statute of Limitations For Aviation Accidents?

The Texas Statute of Limitations for aviation accidents sets the time limit for pursuing a personal injury claim, including many claims arising from aviation accidents. There are different rules that could affect your timeline. For example:

• If you are pursuing a personal injury claim, you have two years from the date the cause of action accrues under the Texas Civil Practice and Remedies Code § 16.003. This is usually the date of the injury.
• If you are pursuing a wrongful death claim, you have two years from the date of death to file a claim. This may be the same day as the date of death, or it may be later if the victims suffered injuries that led to their death at a later point.
• If you are pursuing a product liability claim against an aircraft manufacturer, a federal law called the General Aviation Revitalization Act of 1994 (GARA) establishes an 18-year statute of repose. This means if more than 18 years have passed since the delivery date of the plane or its parts, you may no longer be able to pursue a product liability claim.
• If you are pursuing a claim against the state government, sovereign immunity rules in the Texas Tort Claims Act apply. These establish strict timelines. For example, you must file a notice of a claim within 180 days or six months from the date of the incident.
• If you are pursuing a claim against the federal government, the Federal Tort Claims Act applies. This law is also based on sovereign immunity rules that establish a special process for pursuing claims against the U.S. government.  Under this Act, you have two years to file an initial complaint with the relevant state agency,  and then have six months from the time the agency denies your claim to file a lawsuit.

It is important that you know and understand these rules. If you do not take action by the deadline, your claim could be time-barred. This would mean that you cannot pursue an injury claim against the defendant who was responsible for causing you harm.

Why is there a statute of limitations?

The statute of limitations exists to ensure that claims are brought within a reasonable period of time. Witness memories can fade, and evidence can be lost over time. It is difficult to pursue a claim, and difficult for a defendant to prepare a defense, when too long much time has passed.

Companies and individuals also need closure. It would be unreasonable to spend decades wondering if or when a lawsuit will be filed. As a practical matter, most victims also want to receive compensation as soon as possible so they can begin to move on and rebuild after a loss.

Should you wait to pursue a claim after an aviation accident?

If you want to pursue a claim based on an aviation accident, you should not delay too long in beginning the process of preparing evidence. You also don’t necessarily want to wait until the deadline set by the statute of limitations is approaching before you take legal action.

Call an attorney as soon as possible after an incident occurs so you can start building the strongest case possible. Slack Davis is here to help from day one, so contact us today to schedule a consultation with a Texas aviation accident lawyer today to learn more.