Statute of Limitations Category Archives — Texas Injury Lawyer Blog Published by East Texas Injury Attorney

February 27, 2018

Texas Court Holds that Car Accident Case Was Properly Dismissed Due to Untimely Service, Even Though There Was Compliance With the Statute of Limitations

Most people who have been injured in an east Texas auto accident are at least somewhat aware that there is a deadline for filing a negligence claim against the at-fault driver. Called the “statute of limitations,” this important deadline is non-negotiable; if you miss it, your case is going to be dismissed (unless it meets one of the very few, very narrow exceptions under Texas law).

Not only must the complaint be filed with the appropriate court clerk within the limitations period, but also the plaintiff has an obligation to serve a copy of the complaint on the defendant within a certain time frame. Failing to do this can result in the dismissal of an otherwise timely filed lawsuit.

Facts of the Case

July 26, 2017

Texas Car Accident Case Against Post Office Dismissed by Federal Court Due to Failure to Timely File Suit After Denial of Claim by Government

by Earl Drott

If you have been involved in a traffic accident, it may be tempting to take a “wait and see” approach. You may be thinking, “As long as I file my case by the statute of limitations, I’m good, right?” Not necessarily.

In some east Texas car accident cases, there are other considerations that effectively “move up” the filing deadline, and a delay can result in the dismissal of an otherwise valid claim. A recent federal case illustrates the point.

Facts of the Case

July 25, 2017

Federal Court in East Texas Rejects Automobile Component Manufacturer’s Attempt to Prevent Refiling of Product Liability Claim by Man Allegedly Injured by Airbag

by Earl Drott

Most people have heard the term “statute of limitations” and are aware that the plaintiff in an east Texas car accident case has only a certain amount of time in which to file a lawsuit against the responsible party.

The term “statute of repose” may be less familiar, but this law can further limit the time for filing a claim in certain situations, including a product liability action for injuries suffered in an automobile accident due to a defective or unreasonably dangerous vehicle.

A plaintiff who does not file a claim within both the statute of limitations and the statute of repose faces the dismissal of his or her case on procedural grounds.

May 25, 2017

The Many Risks of Waiting Too Long to Talk to a Lawyer About Your East Texas Car Accident Case

by Earl Drott

If you or a family member has recently been involved in a motor vehicle accident in east Texas, you probably have a lot of questions, beginning with, “How long do I have to file a claim?”

Unfortunately, there is not a one-size-fits-all answer to that question. While there is a general statute of limitations for personal injury claims, there are many case-specific exceptions to the general rule. Thus, if you have been hurt in a wreck or lost a loved one in a fatal crash, it is imperative that you take swift action to protect your legal rights.

December 22, 2016

East Texas Appeals Court Reinstates Default Judgment Against UM Carrier That Failed to Answer – In Re Ruby Britt

by Earl Drott

Only an insurance company would have the audacity to deny an injured woman’s uninsured motorist claim, fail to file an answer to the lawsuit she was forced to file in order to get the coverage for which she had paid premiums, ask the court for a new trial after it granted the woman a new trial, and then complain about the amount of time it took the woman to file suit against it in the first place.

Fortunately, an east Texas appellate court did the right thing when this exact scenario unfolded recently. It reinstated the default judgment against the insurance company, making it pay the woman the money awarded to her by the trial judge.

July 14, 2016

Texas Court Holds that, for Statute of Limitations Purposes, Car Accident Litigant is Bound by “On or About” Date Alleged in Complaint – Britton v. Gomez

by Earl Drott

If you have been injured in a motor vehicle accident, you should know that you have a limited time in which to file suit against the person whose negligence you believe caused the crash. In Texas, this period is generally two years. (Of course, it is always a good idea to consult with an experienced injury attorney about the details of your particular case.)

Except in very rare instances, a failure to timely file suit will result in the dismissal of the plaintiff’s case, regardless of its merits.

September 26, 2015

Texas Court Upholds Statute of Limitations Defense in Car Accident Case

by Earl Drott

Every plaintiff in a personal injury lawsuit must comply with local state laws applicable to their case. One of the initial and most important legal rules to follow is the time period within which the case must be filed. This is called the statute of limitations. In East Texas and throughout the state, personal injury claims must be filed within two years from the date of the occurrence. Furthermore, not only must the case be filed within two years, but also if the plaintiff serves the defendant after the limitations period has elapsed, service is valid only if the plaintiff exercised due diligence in effectuating service. These are complicated issues that must be resolved in accordance with the law, or else the plaintiff could lose the right to pursue the action. Anyone who has suffered injuries due to another’s negligence is encouraged to contact an experienced East Texas injury attorney, someone who handles car accident claims on a routine basis.

In a recent Texas case, the plaintiff lost the right to pursue her negligence case for failing to properly serve the defendant with the complaint. Here, the parties were in a car accident in December 2010. Two years later, just prior to the expiration of the statute of limitations, the plaintiff brought an action against the defendant for negligence. In September 2013, the plaintiff moved for “substituted service” and finally served the defendant in November 2013. The defendant asserted various defenses, including a statute of limitations defense, arguing that the plaintiff was not diligent in serving him with process.

August 5, 2015

Texas Court Allows Negligence Case to Go Forward in Car Accident Case

by Earl Drott

Car accidents occur all too frequently on roads and highways in East Texas and throughout the state. Unfortunately, many of these collisions cause innocent victims to sustain serious injuries, resulting in loss of work, medical bills, and physical and emotional pain and suffering.

At the very least, an injured person may be entitled to recover compensation for his or her particular losses. But in order to achieve the best possible result, plaintiffs must comply with every applicable law and court rule. The failure to do so could result in the loss of an opportunity to be compensated for one’s injuries. In order to ensure that your case is appropriately filed, pleaded, and proved, you are encouraged to consult with an experienced injury attorney from the local East Texas area.

A recent Texas case is a good example of the need to follow local procedural laws when filing a car accident lawsuit. Here, the plaintiff alleged that she suffered injuries in an automobile accident with the defendant on July 2, 2009. She waited until February 14, 2012 to file the lawsuit. Under Section 16.003 (a) of the Texas civil procedure code, plaintiffs must bring a personal injury lawsuit no later than two years after the date on which the cause of action arises. In her complaint, the plaintiff pleaded that the defendant resided in Oklahoma. Therefore, she argued that the statute of limitations period of two years was tolled, due to the defendant’s absence from the state.