Tag: statute of limitations

Personal Injury Claims and the Statute of Limitations in Texas

By May 31, 2021 Posted in Personal Injury

You were injured in a serious car crash but wanted to wait for insurance to straighten it out before you filed suit. Months have gone by, and you are still suffering from debilitating physical injuries, are out of work, and have no means of income. You have called the at-fault driver’s insurance adjuster more times than you count and still you have not been made whole for the accident. While it is always better to consult with a personal injury attorney soon after an accident, it is crucial to remember that you have a limited amount of time to file a lawsuit against the insurance company or the defendant. This window of time is called the statute of limitations.  What is the Statute of Limitations?  In Texas, the plaintiff must file a complaint within two calendar years of the date of injury. For example, if the plaintiff was injured in a serious car wreck on February 2, 2020, they have until February 2, 2022 to file a complaint with the court of jurisdiction along with a summons and certificate of service to be served upon the defendant. Of course, there is no waiting period or requirement to seek resolution with the insurance adjuster first. If the plaintiff does wait until the last possible day to file, and a procedural issue prevents her from moving forward, she is out of options and barred from recovery.  The purpose of the statute of limitations is to file suit when events are recent in […]

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