Legal Question in Personal Injury in Texas

Car accident...can they sue?

I was in an accident two years ago (to the month!) The tire in my car blew out and caused me to spin accross traffic and I was hit on the driver side door. The woman is now suing for ''past and future necessary medical expenses''. An ambulance came to the scene, but she was NOT checked out by them. I was served and the papers stated she is now in need of medical attention. After two years, can she come back and sue for medical expenses that were possibly not my fault? Also, what does the statue of limitaions state about the period of time that someone is able to sue you?


Asked on 7/31/04, 12:52 pm

1 Answer from Attorneys
Charles White Charles G. White

Re: Car accident...can they sue?

The statute of limitations in Texas for cases such as this is two years (assuming no minors or incompetents are involved). The statute of limitations is an affirmative defense which must be pled by the defendant.

I assume that you have liability insurance. The papers should be provided to your insurance carrier immediately. They will hire a lawyer to answer the lawsuit for you. Contact your agent for the insurance company address. Make a copy for your files.

Follow up and make certain that the lawyer has filed an answer by the time of the required answer date. Your lawyer should be able to answer all of the questions that you have.

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Answered on 7/31/04, 12:59 pm


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