Legal Question in Personal Injury in Texas

Statue of Limitations

I had my car accident May 5, 2006. I filed my Claim April 29, 2008. The Insurance Company attemped to settle with me for a very small amount of money. I declined the settlement. Now they sent me a letter stating that the statue has expired. What do I do.

Asked on 6/04/08, 11:16 am

3 Answers from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.
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Re: Statue of Limitations

Unfortunately the anti lawsuit people lead people

to wait and lose their rights..You have lost your

right to sue for any damages after two years in Texas/one year in Louisiana and many other states

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Answered on 6/04/08, 11:50 am
Roger Merrill Merrill & Associates
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Re: Statue of Limitations

The limitations period in TX is 2 years. If you are under the age of 20, you can still sue for at least a portion of your damages. Likewise, if you have been in a coma since the accident, the limitations period might have been extended. Without some sort of extension, you are too late.

You should consult with an attorney.

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Answered on 6/04/08, 12:16 pm
Dan Street Street Law Firm
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Re: Statue of Limitations

I'm not trying to make you feel worse than you already do, but your situation underscores the reason why every person who is involved in an accident should consult with a qualified personal injury attorney immediately after the accident. In almost all cases, we can get you more money than you could get for yourself, even after deducting our fee. And, most importantly, when you have a lawyer, unfortunate pitfalls like this are not likely to end your case as this one did for you. You also have seen once and for all that you cannot trust the insurance company to do the right thing. They are always and forever just trying to find ways to avoid paying--as they have here. I am deeply sorry that your cause of action has died due to the statute of limitations.

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Answered on 6/04/08, 1:14 pm

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