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The statute of limitations in Texas is 2 years after the date of the injury. This means that if your accident was on July 11, 2011, you must file a lawsuit no later than July 11, 2013 (I would advise not waiting until the last minute). Your lawsuit would be filed against the party or parties responsible for the accident.
With a surgery and a year of recovery, even assuming you have a 100% recovery, you are likely entitled to more in damages than $1,000.00, however, to litigate it you will need to incur court costs, and the time spent in litigation (deposition, discovery, etc.). I do not know what your final recovery may be in the event you are successful, and it will depend on other legal arguments such as comparative fault, but a meeting with a personal injury attorney can assist you in deciding whether to pursue your case in court or accept a pre-litigation settlement offer.
Most personal injury plaintiff's attorneys will provide plaintiffs with a free consultation (about an hour) and then take the case on a contingency basis (the attorney pays all costs out of pocket, and risks the litigation expenses - if you lose you pay nothing, but if you win, the attorney gets a percentage of the settlement or award and you will reimburse the attorney for costs out of your portion).
I have no attorney. I did not think I needed one. Why does stae farm want me to accept this and not a dime more by tomorrow? They claim that in the hospital medical reports it does not indicate injury as a result of auto accident. My attending physician who admitted me is out of the county until Monday.
I am not sure why you are being threatened with settlement in this matter (I do know that if you are uncomfortable with a document you should not sign it unless you fully understand it). If you need more time for something reasonable such as speaking with your physician regarding the carrier's assessment of your injuries they should be willing to do so (make the request in writing).
An attorney is not necessary to work with insurance companies, but if you feel you are being strong-armed, an attorney can be very helpful in these types of matters.
reading about this case do you think that I do have a case? Can you recommend an injury attorney in San Antonio ?
Unfortunately, I do not know anything about the underlying facts of your case (I am not allowed to give you a legal opinion on them in any event), but the best way to locate an attorney in your area is through the Texas State Bar Website attorney directory. You will need a Personal Injury Attorney (also known as a "Trial Attorney" or a "Plaintiff's Attorney")
Thank you for your time and assistance.
You are welcome. Thank you for using our service. I do wish you the very best with this matter and I hope that this information is helpful.
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