Tolling of Limitations in Tort Actions & Auto Injury Cases

The general rule of limitation in Texas is that when a person is injured in tort, for example, in an auto accident case, he or she has until the expiration of two (2) years to file suit otherwise, any claim is precluded under the statute of limitation found in the Texas Civil Practice and Remedies Code.

There is however an exception to this rule. Although recovery on most tort actions would be barred after the expiration of two years, an exception to that rule provides that a tolling of the statute of limitations takes place if a party has filed a previous suit in a different court and that action was dismissed because of lack of jurisdiction, provided that the party refiled the suit in a court of proper jurisdiction within sixty days after such dismissal. Tex. Civ. Prac. & Rem. Code Ann. § 16.064 (Vernon 1997); Clary Corp. v. Smith, 949 S.W.2d 452, 461 (Tex. App.--Fort Worth 1997, writ denied). The cases also note that the statute is to be liberally construed to effectuate its objective--relief from penalty of limitation bar to one who has mistakenly brought his action in the wrong court. Tex. Civ. Prac. & Rem. Code Ann. § 16.064; Clary Corp., 949 S.W.2d at 461.