Ask a Lawyer - Archive

What is the statute of limitations on a personal injury case? If the case has been settled, how long does an attorney have to give settlement funds to client?

In Texas, the statute of limitations on personal injury cases is two years, which means you have two years from the date the injury was incurred to file a lawsuit. After that, it is extremely unlikely an insurance company will offer anything in settlement, because they no longer have any legal liability. Once a settlement has been agreed to, the insurance company will process payment, usually through your attorney, who will then pay you after attorney's fees and any other expenses or liens have been paid. This can sometimes take several weeks if there are multiple parties involved. The attorney should try to get you your payment as soon as possible.