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How long does a person have to settle a personal injury case?

Beaumont, TX |

My man was riding his motorcycle at night and someones cable (not mentioning who) close lined him by his neck and pulled him off his bike. he was very blessed he wasnt decapitated. How long do you have in texas law to settle this kind of case? Its going to jury trial. its been 5 years now

Attorney Answers 9


  1. The statute of limitations to FILE SUIT on a personal injury claim is generally two years from the date of the injury. However, once a lawsuit is filed, there is no time limit for when a case must be settled or resolved. Many times, cases stay pending for more than five years depending on various circumstances--including ongoing medical treatment of an injured person. If you already have an attorney and are unhappy with how long the case is taking to reach resolution, you should consult him or her to discuss the reasons for doing so. Good luck.

    This answer does not create an attorney-client relationship for purposes of representation, privileged communication, liability, or otherwise. This statement was based on general assumptions that may not apply to the specific facts of your case, so it is not advisable to act upon this response without further discussion. If you would like to explore this matter further, please contact Mr. Ivy through the contact information provided in his profile, or visit his law firm's website: www.mccormickhancock.com


  2. There is no set limit once the suit is filed and the defendant is brought in. If nothing were being done to move the case along, a court might threaten to dismiss it unless someone get busy. If your case is set for jury trial, then the case is moving along and there should be no problem with time limits. You should ask your lawyer if you have any other questions. Your lawyer knows the details of what is going on in your case much better than any of us would.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.


  3. The time limit to file a lawsuit in Texas for personal injuries is two years. All the injured person has to do is either settle the case or file the suit within that period of time. The time period that the lawsuit is pending does not count against the time limit so long as the suit was initially filed within the time limit.


  4. Really there are only limits on the time you have to file a lawsuit. I would recommend discussing this with a personal injury attorney in your area.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  5. You have a trial date; at least that's how I read your question. Case can settle at any time; even after verdict, should your man prevail. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  6. I sounds like your case is on litigation. As long as the proper lawsuit was filed and served....it should be protected. You now have to go to trial. If the insurance company is willing to offer a settlement you really can settle up until the jury comes back with a verdict. I assume if you are in litigation you have an attorney. He or she can answer these questions for you.

    All responses on this site by this attorney are considered practical & general and does not constitute absolute or final legal advice. It is always best to consult a lawyer in your area on your exact case/claim. Each state has different laws, statutes of limitations and regulations. This lawyer is only licensed in the State of Texas. If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of GREGG S. HARRISON, PLLC, nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Office of GREGG S. HARRISON PLLC. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. GREGG HARRISON. Visit our website at www.greggharrison.com or call 832-797-7600 to discuss your legal issue; We represent injured persons who have been involved in motor vehicle collisions, 18-wheeler/truck wrecks and motorcycle accidents; all types of general negligence and catastrophic injury claims.


  7. The time limit to file the lawsuit on a personal injury claim is generally two years from the date of the injury. Once the lawsuit is filed and all of the proper parties served with the lawsuit, there is no deadline for when the case has to be settled. Lawsuits can take a lot longer than people expect. It sounds like you already have an attorney, and if you do, then you should speak with that person about when the jury trial will begin.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Answering this question does not create an attorney-client relationship. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction and until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. You should not act or rely on information on this website without seeking the advice of a lawyer.


  8. A person in Texas has two years from the date of incident to file a lawsuit for personal injuries but once a lawsuit is filed, there is no timeframe for when the case has to end. If you are unhappy with the length of time it is taking to end your case, then I suggest setting up a meeting with your attorney to discuss the issues that are taking up time.

    This answer is meant for information purposes only. No attorney-client relationship has been established between the Avvo user and Cesar Garcia.


  9. Generally 2 years from the date of the incident. This can vary under certain circumtances.

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