Legal Question in Personal Injury in Texas

What is the prescriptive period to file suit in Texas? I have a company from Tx. trying to string me along on a car wreck that happened in louisiana. Isn't that fraud that they promise to pay for my medical after receiving my medical documents and then claim that our prescription period expired. If there from TX. and the accident happened in Louisiana can'I file suit in TX? This was my first wreck and I was very unsure of how this worked.


Asked on 3/08/12, 8:54 pm

1 Answer from Attorneys
Paul H. Cannon Simmons and Fletcher, P.C.

If the accident occurred in Louisiana, then Louisiana law applies and is the proper forum. In Louisiana, you have a 1 year statute of limitations to file negligence personal injury claims. Even if you could somehow file it in Texas and survive a Motion to Dismiss on Forum Non Conveniens, Louisiana law would still apply barring the action.

The companies (including insurance companies) do not have to be fair, honest, truthful, nice, just, polite or otherwise decent human beings. They can, and will, string you along until the statute runs and then tell you to go jump in a lake. Next time, hire a lawyer promptly.

If they promised to pay the medical bills in writing, you might be able to take that info to a contracts law attorney and see if a contract was formed. Contract claims have a longer statute of limitations. It's a long shot based upon the description you give. If it was not in writing, you will be hard pressed to prove it.

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Answered on 3/09/12, 4:58 am


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