Legal Question in Personal Injury in Texas
Statute of Limitations for minor injured at Country Club at a kids camp
Last July my 13 year old son was made to hang onto the back of a golf cart to ride between holes while at a kids camp at a club. He fell off the back ledge of the cart, fractured his skull in two places on the cement path, and had a severe concussion and long term neck compression/injuries that are still being treated. Not only did the club fail to render aid or call 911 when my son was knocked out cold, they failed to call me! I just happened to arrive to pick them up twenty minutes later and took my son to the hospital ER myself. The club has tried to blame us, the parent volunteer and even my son for the accident, but did file a claim with their insurance. A year later, though their insurance CO says they will pay, we still have no check and have paid out over 8K in med bills our insurance hasn't paid. We resigned from the club and were unable to pay the dues during the months we were paying med bills instead (Over 400 a mos. just to the chiropractor). Now the club has the nerve to sue us for unpaid dues of 3K for the time before we officialy resigned when we could not even have used the club because our son was so ill! They had a constable serve us at 5 am! What is the statue of limitations and what can we sue for?
5 Answers from Attorneys
Re: Statute of Limitations for minor injured at Country Club at a kids camp
Texas has a two year statute of limitations for tort actions, which would include bringing of claims involving personal injuries.
You need to speak with an attorney and let them review the medicals and all other relating facts.
However, it sounds like you have a claim for your son's injuries and relating expenses.
I assume that you were served this morning at 5am? Since you have been served, your papers will tell you that you have 20 days to file an answer to the lawsuit. It is important to have those papers reviewed by an attorney. The attorney can then help you file an answer timely. The attorney will likely need a copy of your contract, if you were given one.
Which club was it? Is it private or run by the city or other municipality? Do you recall if the club had your son or you sign a waiver or release? If so, do you have a copy?
N. Copeland
Re: Statute of Limitations for minor injured at Country Club at a kids camp
In Texas, the statute of limitations for tort claims is two years. A suit could be brought for several thing, including medical expenses, and pain and suffering. Did your son suffer any permanent injury from this incident?
Re: Statute of Limitations for minor injured at Country Club at a kids camp
I concur with the answers given by the other attorneys and advise you to speak with an attorney immediately. Find a firm experienced in personal injury and make an appointment today!
Re: Statute of Limitations for minor injured at Country Club at a kids camp
I'm sorry to hear about your son's injury. You have two years from the date of the injury to file a lawsuit regarding the club's negligence. As for the suit against you, you need to see what kind of court you're in in order to determine the time to answer. There are different answer times for small claims courts, which may be the case here. At any rate you should have an attorney review your son's medicals and get that case moving. Additionally, you need to protect yourself against the club's suit IMMEDIATELY. Once you've been sued you have to act quickly, as retaining a lawyer takes time, and you don't have much of that once you've been sued. I suggest you interview a few attorneys who handle both personal injury and business (because of the other suit) so you can get everything worked out. Good luck.
Re: Statute of Limitations for minor injured at Country Club at a kids camp
Since you are on a time deadline, keep in mind that your first thoughts should go to responding to the lawsuit that you were served with. Realize that they are likely not thinking and this is a knee jerk reaction from their billing department. Try to get the lawsuit to an attorney this week, if at all possible so he/she will have time to respond to it for you.
You may ask the attorney to waive the fee on this lawsuit, if they would handle the personal injury one for you as well.
Optimally, you want to respond to the lawsuit on the week of Aug 22, or sooner, if possible.
What court are you to appear in? It should say on the petition that you received.
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