Legal Question in Personal Injury in Texas
Statue of Limitation for Auto Accident Injuries
If I was involved in an auto accident 5 years ago and I am having neck pains (MRI will be done next week), can I still take the person back to court if the MRI shows anything? I did have problems at that time, but no broken bones, etc.., so it was not looked at as permanent injury. Had physical therapy, chiropractic work, accupuncture and shots in my neck. It was okay for a while, but it has been bothering me really bad lately and causing headaches.
2 Answers from Attorneys
Re: Statue of Limitation for Auto Accident Injuries
In Texas the general Statute of Limitations would be 2 years but there are narrow exceptions for minors, out of state defendants, incompetent persons etc. Assuming none of the exceptions applied, it is too late.
Re: Statue of Limitation for Auto Accident Injuries
It is too late to present a claim for these injuries as the Statute of Limitations has run.
You may wish to consult a PI lawyer about the triggering of the SOL in relation to your discovery of your injuries, but probably you should have discovered them earlier and cannot litigate at this late date.
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