Legal Question in Personal Injury in Texas

Statute of Limitations...Dismissed Case

I was involved in a situation in which I suffered gross prolonged exposure to carbon monoxide at an apartment complex I used to live at. I moved to file suit against the perpetrators and was offered a initial $2000 settlement offer which later was raised to $5000. My lawyer quit my case because I did not accept the offer and I consequently could never find and attorney that would take his place and continue with the suit. The opposing attorneys during that time bombarded me with legalese and paperwork and ultimately had my case dismissed or made void. Do I have any recourse? Is the statue of limitations involved in a matter like this? Please advise. It is a medically proven fact that I was exposed to the CO.


Asked on 8/17/06, 10:52 pm

1 Answer from Attorneys
Charles White Charles G. White

Re: Statute of Limitations...Dismissed Case

There is a huge difference in "medically proven fact that I was exposed to the CO" and whether you were damaged. To prove damages you need to show:

1. How much did you lose in earnings because of the incident?

2. What are you medical expenses?

3. What prolonged or lasting injuries have you sustained. Do you have medical testimony lined up to support these type of injuries? To hire experts to prove this up will cost a lot more than the $5,000. If so, are you willing to advance these out-of-pocket expenses to hire the experts, etc.? If so, you may find a lawyer. Otherwise, probably not.

4. You talk like the "prolonged exposure" is self-proven. You also have to prove negligence. You may already have this evidence. If you have to hire experts to prove part of this, then see item 3 above.

I am surprised that your first lawyer did not do a better job explaining the real world to you.

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Answered on 8/17/06, 11:04 pm


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