• How long do I have to bring a case?
• Are there exceptions to the Statute of Limitations?
• What happens if I don't file a lawsuit before the deadline?
• What is mediation?
• Will I have to go to court if I hire a lawyer?
• Should I settle or file a lawsuit?

How long do I have to bring a case?
In Texas, the time limit (called the Statute of Limitations) is two years from the date of accident. That does not mean notifying the insurance company. You have to actually have the lawsuit on file at the courthouse on or before the two year anniversary. If you don't file on time, then your case is forever barred.

Are there exceptions to the Statute of Limitations?
Yes, but they are limited. If a child is injured, they cannot legally bring a case on their own until they are 18 years old, so the law allows them two years from their 18th birthday to bring a case. But since medical expenses are actually the parents' responsibility, then the parents must bring their case for such medical expenses within two years of the accident.

Another exception is if you do not know about the negligence during the two year period. This can happen when you find out later what caused the problem, like if you are injured by a dangerous drug and the drug company was hiding the fact from the public. If you bring a case after the Statute of Limitations has passed, then you must rely on the discovery rule.

What happens if I don't file a lawsuit before the deadline?
If the Statute of Limitations has passed before you file the lawsuit, you claim is forever barred. You have to file before the deadline. That alone is reason enough to hire an attorney soon after the accident.

What is mediation?
Mediation is a procedure where all the parties and their lawyers get together to see if the case can be settled. The mediation is run by an unbiased attorney called a mediator, who usually hosts the meeting. At first, all of the people attending the mediation sit in one room and the attorneys discuss their client's positions. Then the parties break up into separate rooms and the impartial mediator goes back and forth, delivering offers and counter-offers. A good mediator does more than act like a carrier pigeon, and will challenge the attorneys and their clients to realize and discuss the strengths and weaknesses in their case.

In most counties in North Texas, the court will order you to mediate at some point before trial. Some cases go to mediation more than once. Local statistics show that about 85% of injury cases that go to mediation actually settle there or soon thereafter.

Will I have to go to court if I hire a lawyer?
Not necessarily. Not all cases are tried before a jury. In fact, only a small percentage of cases are not resolved before the parties head to the courthouse. Whether your particular case settles "out of court" depends on the facts of the case and the expectations of the parties. The more discrepancy in the parties' stories, the higher chance of going to court. And if one of the parties has an unrealistic expectation on the outcome, then there is a higher chance of the case going to a jury.

As a plaintiff's attorney, my clients and I usually are on the same page when it comes to valuing their case. But if the insurance company for the responsible party has a valuation completely different than ours, then the case very well may need to be tried.

Should I settle or file a lawsuit?
Many accident claims can be resolved without the need of filing a lawsuit. These are generally where the accident facts are clear and the extent and nature of the injuries is not in question. Sometimes the answer as to whether to settle or file a lawsuit is easy. However, other times a very detailed analysis needs to be conducted before a decision is made on whether to accept the settlement offer or file a lawsuit. The main factor is whether the pre-suit settlement offer is fair. If so, then a settlement usually occurs. If not, then litigation is absolutely necessary. Part of an injury attorney's job is to offer advice and guidance as to this decision.

If the injured party decides to settle the case, the settlement check will soon arrive and a release will be signed. Once the release is signed, the claim is over for good and there can be no reopening of the claim if the injured person's condition worsens in the future. A settlement is a final and permanent decision.