What to do if it’s been 19 months since I had an accident but I still haven’t received my settlement?

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What to do if it’s been 19 months since I had an accident but I still haven’t received my settlement?

It wasn’t my fault. They are only wanting to pay out 80% of my lost wages because they said that their insured limit has to pay for the rest of the medical bills. I am not even getting my co-pays that I paid. Do I still have time to get an attorney or is what they are saying correct? They are ready to settle of course.

Asked on March 24, 2015 under Personal Injury, Texas

Answers:

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

Answered 6 years ago | Contributor

The at-fault party may have a small insurance policy which may explain the response from the insurance company.  You can reject the settlement offer and file a lawsuit for negligence against the at-fault party.

You should file your lawsuit as soon as possible because Texas has a two year statute of limitations in a personal injury case.  Therefore, you must file your lawsuit before the two year anniversary of the date of the accident or you will lose your rights forever in the matter.


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