Legal Question in Personal Injury in Texas

statute of limitations

on aug 5th, 2002 I was involved in an automobile accident...once xrays were taken, I found that I had an old fracture in my 5th lumbar, apparently it came from an accident I was involved in a few years ago, think 97 or 98,but safe to say more than 2 years ago, and I have been told that the texas law for doctors is can't go back...reading the local news came across a legal link...this was what i saw...When did the injury occur?

NEVER JUST LOOK AT THE STATUTE OF LIMITATIONS AND CONCLUDE ''THE TIME HAS EXPIRED, IT'S TOO LATE''. There are many things that sometimes extend or ''toll'' the time limits, including a party's lack of knowledge of the facts and circumstances, lack of manifestation of the injury, false statements or fraud, or mental incapacity or infancy.

Well needless to say, I never knew of the fracture, I never used to hurt from my lower back, my current doctors says that that being missed was severe neglegence...all local lawyers, sd sorry, Now I am in alot of pain and basically feel hopeless. The other case was settled, but no mention of my fracture, Don't know if it was cover up? Just need to see if anything else can be done?


Asked on 10/02/02, 12:41 am

1 Answer from Attorneys
Paul Velte IV Paul C. Velte IV, Attorney at Law

Re: statute of limitations

You settled regarding the first collision? Even if the statute had not run, you'd be out of luck with them then. For the medical negligence in failing to diagnose the fracture, a claim for that is still open, for Texas has the discovery rule, which states the statute of limitations begins to run when you discover the negligence, or should have (through the exercise of ordinary prudence). Still, what harm/damage was caused by the medical negligence??? If you didn't feel back pain, it's hard to make out that the doctor's negligence really harmed you in any way. Perhaps you could have settled for more, but how much more? If it had been diagnosed, what could a doctor have done for you besides pain meds while it healed? You always have to analyze the whole case through to the end; mere negligence is not enough, you have to look at causation and damages (not to mention your defendant's resources to pay you), to decide whether a claim or suit is worth the expense and attorney time.

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Answered on 10/02/02, 12:21 pm


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