Austin, TX (Law Firm Newswire) May 10, 2012 – Be aware of the Statute of Limitations when choosing to file a lawsuit. If the time to file has expired, there is no cause of action allowed.
“This is an interesting case for several reasons, but most importantly, it serves to point out that time is of the essence when filing a lawsuit, even in a drunk driving case. In this instance, this lawsuit was filed within a few days of the final deadline for filing,” explained Bobby Lee, an Austin personal injury attorney of The Lee Law Firm in Austin, Texas.
The initial accident happened in 2009, when a local county executive and his wife were on their way home from a dinner, at 10:30 p.m. They were about to make a left turn when they were hit by a drunk driving a Ford, who had run a red light. The impact was on the passenger’s side of the car, which meant the executive’s wife sustained some fairly serious injuries, including her back, neck, left knee and shoulder. The executive sustained right hip, arm, hand, knee, neck and back injuries. Both had to undergo a variety of treatments to assist in their healing process and get them back to walking normally.
It is likely the couple waited as long as they did to file a lawsuit, as they were undergoing various modalities of treatment, to help them get their lives back to normal. Nonetheless, they came perilously close to having their action barred for missing the filing deadline under the Statute of Limitations. Their lawsuit is seeking $800,000 for medical bills, lost wages and mental anguish, pain and suffering and it named the drunk driver and the driver’s relative who owned the car.
“Some cases like this can be resolved through a negotiated settlement, and given that the man pled guilty to drunk driving and causing the accident, there isn’t a pressing necessity to go to court. Although, having said that, if the settlement talks do not go well with the man’s insurers, court is definitely a viable option. More often than not, an insurance company would rather settle out of court, than take the chance a jury will award more than they really want to pay out,” Lee explained.
It is best if lawsuits are filed as soon as possible. It provides the defendants with clear notice of what the issues are and what the plaintiff is seeking from them. “If you have been involved in an accident and injured badly, speak to me as soon as you can. I will assess your case quickly and outline your options,” said Lee.
The Lee Law Firm
11824 Jollyville Road, Suite 302
Austin, Texas 78759