Legal Question in Personal Injury in Texas

what is the statue of limitations to filing a lawsuit in Texas?


Asked on 3/29/10, 10:52 am

3 Answers from Attorneys

Mark Dunn Mark D. Dunn

It depends on the cause of action.

Torts is usually two years. Contracts is usually four years.

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Answered on 4/03/10, 11:43 am
Jason Kipness Kipness Law Firm

For personal injury cases, it is two years from the date of accident. Different rules can apply to medical malpractice, wrongful death or injuries involving children.

DO NOT FILE A LAWSUIT WITHOUT A LAWYER

You should not give a statement, give access to your medical information or sign any insurance company forms without speaking to a lawyer.

The insurance company is not your friend and is not concerned with your injuries and pain.

Their goal is to make $ by paying as little as possible on the claim. They will frustrate by delaying payment, giving you a low offer, or denying claim hoping you will get mad and go away.

I should know because I worked as a lawyer for insurance companies for 10 years.

You may a claim to recover: (1) medical bills; (2) lost wages; (3) compensation for pain, impairment, and disfigurement.

I would be more than happy to talke with you about the accident. I can be reached at (214) 800-3454. We handle cases all over Texas, including Houston.

Please visit www.kiplawfirm.com for free information about personal injury claims.

You can also send a confidential e-mail to my website at www.kiplawfirm.com.

Sincerely,

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Answered on 4/03/10, 1:06 pm
Dan Street Street Law Firm

I agree with my colleagues. Call an attorney and get sound legal advice for your specific set of circumstances. There are actually numerous statutes of limitations in Texas (and other states, as well) that vary from 2, 3, and 4 years, all the way up to 25 years for certain very narrowly-defined circumstances. However, you should know that there are other laws that can impose "notice" requirements (which can work just like a statute of limitation to bar your right to pursue a cause of action after a certain period of time has elapsed) that in many cases are as short as 30 days! The only safe (and smart) way to know for sure is to call a competent attorney, and do so sooner rather than later. Most attorneys will speak with you briefly for free. If your situation is more complex, the terms of the lawyer's fee (whether "contingency" or "hourly") will be clearly spelled out for you before you are required to spend a dime.

One more thing: You should consult an attorney who restricts his or her practice to the field of law your situation dictates (mine, for instance, is personal injury and wrongful death).

Good luck to you.

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Answered on 4/03/10, 2:13 pm


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