If I was a passenger in an accident just about a month ago, what the statue of limitations to pursue a personal injury claim?

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If I was a passenger in an accident just about a month ago, what the statue of limitations to pursue a personal injury claim?

Seeing what I should do as I am still suffering pain from the injury.

Asked on April 13, 2012 under Personal Injury, Texas

Answers:

Richard Weaver / The Weaver Law Firm

Answered 12 years ago | Contributor

You have 2 years. If you are thinking about contacting an attorney, do not talk to the insurance company. Do not give a recorded statement without talking to an attorney first.

Our website has information related to personal injury. It is www.WeaverLawyers.com

Also, don't try to negotiate with the insurance company, use an attorney.

 

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The statute of limitations in a personal injury case in Texas is two years.  This means the lawsuit must be filed prior to the two year anniversary of the accident.

Auto accident cases are frequently settled without filing a lawsuit.  You should contact the at-fault party's insurance carrier.  When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the at-fault party's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If the case is settled with the at-fault party's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the at-fault party's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the at-fault party/registered owner of the vehicle. If the case is NOT settled with the at-fault party's insurance carrier, you will need to file your lawsuit for negligence against the at-fault party/registered owner of the vehicle prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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