Austin, TX asked in Personal Injury for Texas

Q: A case was filed to toll statute of limitations, on the last day of statute, the case was dismissed after, can I refile?

The case we dismissed due to not knowing about the court date, so it should be without prejudice. It is more than 120 days since the dismissal and over a year after statute.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A Texas attorney could advise best, but your question remains open for two weeks. Most attorneys would probably want to see the court papers before advising you - whether the dismissal was with or without prejudice, the basis of dismissal, etc. If the dismissal is based on missing the statute of limitations, and there are no issues that would extend the filing time by operation of law, then there might be no point in trying to refile.

You could consult with a local attorney without further delay to review the court's paperwork. That should enable you to determine whether you were within the statute of limitations and you have the option of filing again (I hope that's the case), or whether the statute of limitations was missed. Good luck

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