In Texas, you have two years from the date of the car accident to get your case started -- that means filing the initial complaint with the proper branch of the civil court system in Texas. However, you should contact a qualified and experienced injure attorney as soon as possible after an accident to ensure your rights are protected and you receive 100% compensation for your loss. Good luck.
The Statute of Limitations in Texas is 2 years for negligence actions, like this.
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". Thanks. 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 Kevin R. Madison, P.C., 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 Offices of Kevin R. Madison, P.C. 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. Kevin R. Madison. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/
As the other responses indicate, in Texas you have two years to file suit. Its a big mistake to try to deal with the other parties insurance company on your own. What you need to do is consult with a personal injury attorney to assist you who can investigate and give you guidance as to how to proceed. Personal injury attorneys typically handle cases on a contingency fee basis and give free consultations. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...
THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.
You've already been given the answer on the statute of limitations: 2 years. Your claim is not ready to be settled until you have recovered and been released by your doctors, because until then the full extent of your injuries and damages is not known. Do not wait until the eve of the statute of limitations to try and resolve your claim or get representation. Ive posted a link below to an AVVO video guide explaining what damages you can recover.
Disclaimer: answers posted by attorney Daragh Carter to questions posted on AVVO are NOT privileged or confidential and will not and should not be construed to create an attorney-client relationship between attorney Daragh Carter and you or anyone else.
I see others have addressed your question regarding the general statue of limitations. Please beware that it is a mistake to wait until right before the statue to seek out an attorney to help you. Many personal injury attorneys have an office policy of not accepting a case where the statue of limitations is close to running. So if you are going to retain an attorney to help you, do so sooner rather than later.
This answer is intended to be general in nature and not specific as to any person or fact situation. No attorney-client relationship exists for those reading this answer and readers should contact an attorney of their choosing for legal advice on their specific situation.
I suggest you consult with an attorney that is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization as soon as you can. In my experience, you will not obtain maximum value for your injuries, harm and losses if you attempt to resolve the case without an attorney. Insurance adjusters are trained to find ways to pay you as little as possible because the only thing insurance companies care about is saving money.... not being fair to you. Good luck.
By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.
You likely are seriously messing up your potential recovery amount and any case since no doubt the insurance company is or has already set you up... Every statement you make in any contact is evidence (they get serious training how to get you to say things they will use to cut off your rights without you know it..) If you had an Attorney, they would have thought you were serious and you would have the proper medical proof of your claims if soft tissue damages... Plus EVERYTHING an Attorney says is NOT evidence. You may have screwed up your case too badly already... but email some lawyers... those cases are no out of pocket legal fee, percentage of the recovery claims only cases.
By the way, it is also a potential criminal act for any out of state (NON TEXAS LICENSED) person to respond to you and offer advice on Texas laws, since they are NOT LAWYERS!!
We provide Strong & Cost Effective legal work in Houston and Dallas offices, as well as, by appointment Statewide. We will come to meet you in Texas or beyond ------------PLEASE NOTE =====> The information provided here is not legal advice as no attorney client relationship exists between us unless you contract with us for services. <====== ..... We work 7 days a week AND A LAWYER WILL RETURN YOUR EMAIL OR CALL THE SAME DAY! ! -- We want to become your lawyer!! Please MARK my answer as BEST or HELPFUL if it is, please !! Thank you. Edward Kazaleh
The statute of limitations on personal injury claims in Texas is two years. Your question doesn't state how long it has been since your accident took place, but if it occurred within the last two years, you still have time to put your case forward. I recommend you contact an experienced and qualified auto accident attorney in Houston to have a full case review. This will help you understand what kind of compensation you may be entitled to, and how likely you are to win your case.
Sign up to receive a 3-part series of useful information and advice about personal injury law.