Time Limits to File a Claim Against the Government in Texas

Time Limits to File a Claim under the Texas Tort Claims Act

Filing a personal injury claim can be complex under normal circumstances, but when the defendant is a governmental entity in Texas, the process becomes even more complicated. Governmental entities in Texas, such as cities, counties, and state agencies, generally enjoy a high level of protection against lawsuits. However, there are circumstances where this immunity can be waived, allowing individuals to pursue claims for personal injury, property damage, or wrongful death. This article discusses the specific time limits and notice requirements involved in filing a claim against a governmental entity in Texas, focusing on the statute of limitations and the six-month notice rule.

Understanding the Texas Tort Claims Act (TTCA)

At the heart of filing a claim against a governmental entity in Texas is the Texas Tort Claims Act (TTCA), which is codified in Chapter 101 of the Texas Civil Practice and Remedies Code. The TTCA generally shields governmental units from liability while they are performing governmental functions. However, under specific circumstances, this immunity is waived, allowing individuals to sue governmental entities.

Waiver of Governmental Immunity

According to Section 101.021 of the Texas Civil Practice and Remedies Code, the governmental unit may be liable for:

• Property damage, personal injury, and death caused by the negligence of a government employee acting within the scope of their employment, if:
  • The injury or damage arises from the operation or use of a motor-driven vehicle or equipment, and
  • The employee would be personally liable if they were a private person under Texas law.
• Personal injury or death caused by the condition or use of tangible personal or real property, under circumstances where the governmental unit would be liable if it were a private individual.

While this waiver allows injured parties to seek compensation, the TTCA also imposes specific limitations, including the time limits for filing claims and lawsuits, as well as damage caps for successful claims.

Time Limits to File a Claim Against the Government in Texas

The statute of limitations refers to the maximum amount of time a plaintiff has to file a lawsuit after an injury or incident. In Texas, personal injury lawsuits are typically subject to a two-year statute of limitations. This two-year time limit also applies to claims against governmental entities under the Texas Tort Claims Act.

Under Section 16.003 of the Texas Civil Practice and Remedies Code, plaintiffs have two years from the date of the incident that caused their injury or property damage to file a lawsuit. Failure to file within this period usually results in the loss of the right to pursue legal action.

While the two-year statute of limitations applies generally, claims against governmental entities involve an additional requirement—the six-month notice provision—which must be met before any lawsuit can proceed.

The Six-Month Notice Requirement

One of the most crucial differences between filing a claim against a private party and filing against a governmental entity is the six-month notice requirement under the Texas Tort Claims Act. Under Section 101.101 of the Texas Civil Practice and Remedies Code, individuals seeking to file a claim against a governmental unit must provide formal notice within six months of the incident.

What Should the Notice Contain?

The notice must be in writing and include:

• A description of the damage or injury that the claimant has suffered.
• The time and place of the incident that caused the injury or damage.
• A brief explanation of the incident, including the specific actions or omissions that led to the injury or damage.

This notice allows the governmental entity to investigate the claim, preserve evidence, and potentially resolve the issue without litigation.

Alternative to Formal Notice: Actual Notice

In some cases, formal notice may not be required if the governmental entity has actual notice of the incident. Section 101.101(c) of the Texas Civil Practice and Remedies Code states that formal notice is unnecessary if the governmental unit has actual knowledge of:

• The injury or property damage,
• The governmental unit’s fault in causing the injury or damage, and
• The identity of the parties involved.

However, actual notice is not simply a matter of the government being aware that an injury occurred. The courts have emphasized that the governmental entity must have knowledge of its potential liability. For instance, in City of San Antonio v. Tenorio, the Texas Supreme Court clarified that actual notice requires more than just an awareness of an accident—it demands that the governmental unit also understands its possible fault in the incident.

The case of City of Mission v. Lucila Gonzalez (2021) reinforces this point. In that case, the plaintiff claimed that the City of Mission had actual notice of her injury after she slipped and fell near where firefighters had emptied a water line. Although a police report was filed, the court held that this was insufficient to meet the actual notice requirement because the City had no reason to believe it was at fault based on the report alone. Therefore, plaintiffs should not assume that a routine investigation will satisfy the actual notice requirement—formal notice is still the safest option.

Can a Governmental Entity Shorten the Notice Period?

A significant issue that arises in these cases is whether a governmental entity can impose a shorter notice period than the six months specified in the TTCA. Under Section 101.101(b), cities and other local governmental units may establish their own notice requirements by ordinance or charter provision. However, any notice period imposed must not be shorter than 30 days.

For example, if a city adopts a local ordinance requiring a notice of claim within 90 days, then the claimant must comply with that timeline, even though the general TTCA allows for six months. Failure to adhere to the shorter notice period could result in the claim being barred, even if the plaintiff eventually files the lawsuit within the two-year statute of limitations.

It is crucial for claimants to be aware of any local ordinances or rules that may shorten the time they have to provide notice of their claim.

Damage Caps Under the Texas Tort Claims Act

Even if a claimant complies with the notice and filing requirements, the Texas Tort Claims Act places limits on the amount of damages that can be awarded in cases against governmental entities. Under Section 101.023 of the Texas Civil Practice and Remedies Code, damages for personal injury or death are capped at:

• $250,000 per person, and
• $500,000 per occurrence.

For property damage claims, the maximum recovery is $100,000 per occurrence.

These caps apply regardless of the severity of the injury or damage and are meant to protect governmental entities from excessive financial liability. In some cases, these limits can be a significant barrier to full recovery, particularly in cases involving catastrophic injury or multiple claimants.

Defenses and Exceptions Under the Texas Tort Claims Act

The Texas Tort Claims Act also includes several defenses and exceptions that further limit the ability to sue governmental entities. Two notable exceptions are:

• Recreational Use Statute: Under Section 75.002 of the Texas Civil Practice and Remedies Code, when a person is injured while engaging in recreational activities on government-owned property, the governmental entity owes the person only the duty of care it would owe to a trespasser. This substantially lowers the standard of care, making it much harder to hold the governmental unit liable.
• Emergency Exception: Section 101.055 of the Texas Civil Practice and Remedies Code exempts governmental entities from liability for actions taken by employees responding to an emergency situation, as long as the actions were not taken with “conscious indifference” or “reckless disregard for the safety of others.”

These exceptions further complicate claims against governmental units and underscore the importance of working with experienced legal counsel to navigate these complex rules.

Conclusion: Protecting Your Rights with Varghese Summersett

Navigating a claim against a governmental entity in Texas requires careful attention to detail, strict compliance with notice and filing deadlines, and a deep understanding of the complex legal standards involved. If you or a loved one has suffered an injury due to the negligence of a governmental unit, it’s essential to act quickly and ensure all requirements are met. Missing the six-month notice requirement or the two-year statute of limitations could mean forfeiting your right to compensation, regardless of the validity of your claim.

At Varghese Summersett, our experienced attorneys understand the intricacies of the Texas Tort Claims Act and

have a proven track record of successfully representing clients in claims against governmental entities. We will thoroughly investigate your case, ensure all necessary steps are taken, and fight to get you the compensation you deserve.

If you have been injured due to the negligence of a governmental entity, don’t wait. Contact Varghese Summersett today for a free consultation. Let us help you navigate the complexities of your claim and protect your rights.