Ask a Lawyer - Archive

I was injured in a car accident almost two years ago, and someone told me that my "statute of limitations is running"? What does that mean?

Hello, and thank you for your question. Please note that I am a licensed Texas attorney. You should always seek the counsel of a local attorney. Under Texas law, an injured party usually has only two years from the date of the injury to bring a legal action. I am not aware of your individual circumstances, but many injured persons try to negotiate with insurance companies in good faith, and spend many months pleading with the insurance companies to no avail. The two year time limit can creep up unexpectedly.

I advise you to seek the advice of a local attorney as soon as possible. Under Texas law, the defendant in a lawsuit must be actually served before a would-be plaintiff can be considered in compliance with the statute of limitations. Serving a defendant can be time-consuming. While Texas law does allow an exception if a lawsuit is filed before the expiration of two years AND service of process upon the defendant was diligently sought, that's a hornet's nest you'll want to avoid if at all possible. It's best to contact attorney soon after you're injured to preserve your rights.