Legal Question in Personal Injury in Texas

About two years ago I was in the Local Hospital and had surgery before going home I decided to shower well while doing just

that I slipped and fell I hit the plumbing so hard that I broke it off. Not knowing that I was hurt I went home. Now two years later I had a stroke causing all kinds of problems. I spent 30 days in a rehabilitation hospital. I will be handicapped the rest of my life. They did a MRI that showed a tumor in about the same place I hit the plumbing with the back of my head. Do I have a case. This was reported to the Hospital office they did not seemed concerned so nothing was done.

Asked on 1/04/19, 8:41 am

2 Answers from Attorneys

Roger Merrill Merrill & Associates

The statute of limitations in Texas for this sort of claim is two years. If it happened more than two years ago, then your right to make a claim might possibly have expired. You could argue that the limitations period has been extended by the discovery rule. So it might possibly still be a viable claim despite being over two years ago.

If less than 2 yeas ago, then you have to prove that a premise defect was unreasonably dangerous, that the dangerous condition caused your injury (tumor), and that the hospital knew or should have know about the dangerous condition and failed to warn you about it.

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Answered on 1/04/19, 11:46 am
Robert Stephens Stephens & Stephens

Not only is the Statute of Limitations a barrier, but I know of no science that will attribute a tumor to a single traumatic event. I do not see that you can be successful with a lawsuit.

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Answered on 1/09/19, 2:11 am

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