Legal Question in Personal Injury in Texas

Can I sue

My son was injured in an auto accident. The insured's insurance company reembursed my health insurance for all medical bills. I was unaware of a possible claim for pain & suffering till late in the game, when the insured's agent said they would be making an offer. This was almost a year after the accident. I moved without giving them new address or phone#. Went through cancer treatment & other things. Anyhow I dropped the ball on the whole thing. Does my son have any extension of statute of limitations, since he was a minor at the time of the injury? My attorney says there isn't enough time to get all the bills & medical records be fore 2 yrs. is up, and suggested I try to make my best deal with the insurance. They are lowballing me & I'm down to a week left on the statute of limitations. Case isn't worth a whole lot I'm trying for $1,000. My attorney estimates I would have gotten $2,500 to $4,000 dollars in a proper settlement. Can you take Insurance companies to Small Claims?

Asked on 5/28/03, 11:41 am

1 Answer from Attorneys

Re: Can I sue

Sure an insurance company can be sued in small claims. Make sure if you are filing in small claims to include all the parties. Likely it would be the driver and the insurance company.

This website should also help answer some questions you may have:

As time is of the essence you need to go ahead and have the attorney or yourself file in which ever court...whether it is small claims, county, or district court.

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Answered on 5/28/03, 12:04 pm

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