How Long Do I Have to File a Lawsuit After a Truck Accident

Depending on your state’s statute of limitations, you may have between one and six years to initiate a case following a truck accident. This implies that you give up the right to initiate a truck accident lawsuit and seek compensation if you do not do so within the deadline set by your state. Though they are uncommon, there are a few exceptional outliers.

If you want to reach a fair settlement agreement, you need to pursue compensation within the time frame of where the truck accident occurred. While there are exceptions, this also applies to wrongful death claims. Trust our Nashville truck accident law firm in pursuing compensation for your serious injuries.

STATE STATUTES OF LIMITATIONS

Most states have two- to three-year statute limitations, and some only apply to car accident claims. A personal injury attorney in your state might explain the statute of limitations for your case.

STATES WITH ONE-YEAR STATUTES OF LIMITATIONS

In general, you have one year from the date of your injury—in this example, your truck accident—to claim personal injuries. Don’t trust the insurance company to explain the truck accident claims process.

The average personal injury statute of limitations in Michigan is three years. However, Michigan Compiled Laws 500.3145 states that you typically have a year after the accident to claim against your insurance company.

The following states have one-year statutes:

●        Louisiana

●        Tennessee

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STATES WITH TWO-YEAR AND THREE-YEAR STATUTES OF LIMITATIONS

Colorado is one of the majority of states that impose two-year time restrictions on personal injury claims. But there is also a particular statute of limitations in Colorado for personal injury lawsuits resulting from auto accidents.

Colorado Revised Statutes 13-80-101(1) gives you three years from the date of your truck accident to file a claim, even though the state’s general personal injury claim deadline is two years.

STATES WITH FOUR-YEAR STATUTES OF LIMITATIONS

States that often permit legal action to be taken four years after the accident include:

●        Florida

●        Nebraska

●        Utah

●        Wyoming

STATES WITH FIVE-YEAR STATUTES OF LIMITATIONS

The only state with a five-year statute of limitations is Missouri. You have five years to submit a claim for personal injury, including vehicle accidents, by Missouri Revised Statutes 516.120.

STATES WITH SIX-YEAR STATUTES OF LIMITATIONS

According to Minn. Stat. 541.05, Subd. 1(5) and N.D.C.C. 28-01-16, the statute of limitations in Minnesota and North Dakota is six years.

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HERE IS A LIST OF EACH STATE AND ITS STATUTE OF LIMITATIONS:

• ·        Alabama – 2 years
• ·        Alaska – 2 years
• ·        Arizona – 2 years
• ·        Arkansas – 3 years
• ·        California – 2 years
• ·        Colorado – 2 years
• ·        Connecticut – 3 years
• ·        Delaware – 2 years
• ·        Florida – 4 years
• ·        Georgia – 2 years
• ·        Hawaii – 2 years
• ·        Idaho – 2 years
• ·        Illinois – 2 years
• ·        Indiana – 2 years
• ·        Iowa – 2 years
• ·        Kansas – 2 years
• ·        Kentucky – 1 year
• ·        Louisiana – 1 year
• ·        Maine – 6 years
• ·        Maryland – 3 years
• ·        Massachusetts – 3 years
• ·        Michigan – 3 years
• ·        Minnesota – 6 years
• ·        Mississippi – 3 years
• ·        Missouri – 5 years
• ·        Montana – 3 years
• ·        Nebraska – 4 years
• ·        Nevada – 2 years
• ·        New Hampshire – 3 years
• ·        New Jersey – 2 years
• ·        New Mexico – 3 years
• ·        New York – 3 years
• ·        North Carolina – 3 years
• ·        North Dakota – 6 years; 2 years in wrongful death
• ·        Ohio – 2 years
• ·        Oklahoma – 2 years
• ·        Oregon – 10 years
• ·        Pennsylvania – 2 years
• ·        Rhode Island – 3 years
• ·        South Carolina – 3 years
• ·        South Dakota – 3 years
• ·        Tennessee – 1 year
• ·        Texas – 2 years
• ·        Utah – 4 years
• ·        Vermont – 3 years
• ·        Virginia – 2 years
• ·        Washington – 3 years
• ·        West Virginia – 2 years
• ·        Wisconsin – 3 years
• ·        Wyoming – 4 years

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WRONGFUL DEATH AND PROPERTY DAMAGE STATUTES

Your state might have a different statute of limitations for bringing a case if a loved one passed away after a truck accident. In wrongful death lawsuits, in addition to any losses you incurred as a consequence of the accident, you may be entitled to reimbursement for funeral and burial costs.

There will also be a separate statute of limitations for litigation involving this wrongful death claim if you or a loved one just sustained property damage due to the accident and did not suffer any injuries. Depending on the particulars of your case, truck accident attorneys may assist you in clarifying this element. A wrongful death lawsuit is one of the most difficult types of personal injury claims to handle.

IT TAKES TIME TO BUILD A CASE

It may seem like it would take a long time to file a case—one to six years—but it also takes time to look into your truck accident, figure out who was at fault, work with the insurance companies, and file a lawsuit.

You thus can speak with a lawyer as soon as you can after your vehicle accident. A lawyer may investigate if your injuries prohibit you from doing so that you can concentrate on recovering.

WHAT FACTORS COULD AFFECT THE STATUTE OF LIMITATIONS? 

The window of opportunity for a trucking accident victim to bring a personal injury lawsuit after a collision with a commercial vehicle may be shortened or extended depending on several circumstances.

FACTORS THAT WILL EXTEND THE STATUTE OF LIMITATIONS 

The statute of limitations on your injury claim is suspended until the defendant returns if they leave the state while you are pursuing it. This sometimes enables claimants to bring a case decades after the incident.

For a personal injury claim to be valid, the plaintiff must be aware of the damage. Sometimes, particularly in the case of internal injuries, injuries from a vehicle accident will not be identified for months or even years after the incident.

A one-year statute of limitations will start whenever you learn about the harm the accident has caused if you learn about it after the deadline.

The plaintiff must file their truck accident claim within two years unless they were under 18 at the time of the accident or suffered from a bodily or mental impairment.

FACTORS THAT WILL SHORTEN THE STATUTE OF LIMITATIONS

Although it is uncommon, the statute of limitations may be shortened if you seek to sue a government entity. You could be subject to a six-month statute of limitations in this situation.

Your claim may be complicated if you are seeking to file a truck accident lawsuit against a government employee but did not do so within six months after the incident. Most certainly, you would not be able to launch a case anymore. Truck accident victims deserve to understand this is very unlikely to occur.

You might, however, still pursue legal action against the accident’s perpetrator. An expert truck accident lawyer can analyze your case and go through all of your alternatives with you. You may talk to them about all of your possibilities.

WHY DO YOU NEED TO ACT QUICKLY?

It is essential to file a truck accident claim as soon as possible in addition to the statute of limitations. Your legal team’s investigation into the truck crash and discovery of any relevant information from the opposing side will be among the most important components of your trucking accident claim.

You must give the personal injury law firm you employ enough time to examine the police report. Additionally, they will interview witnesses, inspect the car, take pictures, and gather other data to help them identify any flaws or maintenance issues.

To figure out how the tractor trailer accident occurred and who was responsible, they can even engage qualified specialists to rebuild the site. Waiting too long to take action might cause you to lose out on:

●        Verification of your ailments or injuries

●        Trustworthy witness testimony

●        Evidence kept by trucking firms

●        Records of prior accidents and driving

COLLECTING VALUABLE EVIDENCE

To report a truck collision to the authorities, such as the neighborhood police, is the first thing you need to do. Additionally, you need medical attention so that a doctor or hospital may evaluate your injuries. These documents will subsequently be crucial evidence in your truck accident claim.

It is important to gather evidence and preserve evidence early on. If you are suffering damages, you family members are likely suffering as well. We our Nashville truck accident law firm is gathering evidence, we will look to collect evidence from all available sources. This begins during your free case evaluation.

For example, you could be eligible for compensation if you sustain significant injuries or ones that need regular medical attention, particularly if they affect your ability to make a living.

Therefore, it is crucial to maintain precise records of these injuries and costs. Your attorney can learn more about your vehicle accident the sooner you start the procedure. Because of this, it is crucial to take action as soon as possible.

Your attorneys will also go through the trucking firm’s maintenance logs, driver logbooks, and personnel files. This is done to look for careless driving, carelessness, or a failure to abide by the law on the side of the truck driver or the trucking firm. They will decide who is responsible in this way.

Truck drivers must maintain daily records under Federal Motor Carrier Safety Administration (FMCSA) requirements. Your attorney will use these to assess whether the trucker complied with the maximum driving times during the collision. However, the business is only permitted to keep these records for six months, so if you wait too long to submit your claim, they could discard them.

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ENSURING YOU HAVE ACCURATE TRUCK ACCIDENT LOGS

Additionally, trucks have a “black box” device on board that keeps track of the truck’s speed and braking activity at the moment of an accident. This knowledge could help your situation.

However, since the gadget cycles over this data, you will only have access until the vehicle has driven a set distance. Fast action is essential because of this as well.

Truck accident cases can hinge on what the black box data says. It can lead to filing lawsuits against multiple parties. Personal injury cases with a large truck will usually require expert witnesses.

OBTAINING ACCURATE WITNESS TESTIMONY 

The sooner a witness is questioned by your attorney, the more trustworthy the witness’ testimony will be. They will not have trouble recalling anything that just occurred.

You must contact the police right away to report your accident. Your legal team could decide to speak with witnesses directly, nevertheless. Therefore, it is imperative to get representation as quickly as possible. We will send the trucking company a spoliation letter that requires them to preserve evidence.

The trucking company will begin this the same day of the commercial motor vehicle crash. Witness statements can make your truck accident case. The truck driver’s insurance company will even send out investigators to witness’s homes. Personal injury lawyers know how to get their first

GETTING MEDICAL TREATMENT AND VALIDATING YOUR INJURIES

Your priority after your vehicle collision should be seeking medical attention. Early medical attention will improve your chances of making a complete recovery. Additionally, it will provide a better picture of your injury’s psychological and physical effects.

It will assist your truck accident lawyers in developing a compelling case since medical records in court is very reliable. If you have lost income from the truck wreck, you can also recover your lost wages from the past and in the future. You can seek damages for all of your severe injuries and physical pain.

Make sure you submit a lawsuit before the deadline. This applies even if you are still receiving medical care when the time limit expires.

After truck accidents, the time may go by more quickly than you anticipate, so acting quickly and strategically may be in your best interests. Following an accident, you may need to fulfill several time-sensitive activities, including:

●        Seeking medical attention for your wounds

●        Recording your accident in a report

●        Reporting your injuries to the appropriate authorities

●        Concluding discussions for an insurance claim

●        Taking legal action

To keep your choices for compensation open, it can be crucial for you to adhere to certain deadlines. After a truck accident, it is also crucial that you stand out for your rights. You can benefit from a lawyer in both scenarios. The trucking industry does not have regard for injured victims. They only care about protecting the at fault party.

A LAWYER CAN GUIDE YOUR POST-ACCIDENT GAME PLAN

After a truck accident, a personal injury attorney may be well-versed in successfully filing an insurance claim or legal action. An attorney might guide on the following:

●        How long do you have after a truck accident to bring a lawsuit

●        The procedures you should follow in recording your medical treatment

●        Deadlines for submitting particular reports and documents that may affect your future capacity to bring a lawsuit

●        Your alternatives for seeking compensation, together with the benefits and drawbacks of each choice

●        How to approach insurance providers

●        What not to do since certain behaviors may affect your rights and ability to get compensation.

Your attorney will act by your wishes if you decide to have them manage the majority of your post-accident pursuit of compensation. Your attorney may direct you on your road to potential compensation, whether this entails arranging an insurance settlement or filing a case right away.

Inquire with your attorney if you wish to investigate an insurance settlement:

●        Communicate with the insurance provider.

●        Before making any claims regarding your accident, seek advice.

●        Inform you of any insurance company strategies that might weaken your case

●        and advise you based on your overall expenses of the relative fairness of settlement proposals.

You may file and finish a case with the aid of your attorney if an insurance settlement cannot be achieved.

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YOU CAN SEEK AWARDS THROUGH A LAWSUIT AFTER A TRUCK WRECK

The American Bar Association (ABA) states that you may bring a personal injury claim if you were hurt due to someone is carelessness or intentional misbehavior. You may also be able to claim someone who is strictly accountable for your compensation losses.

The truck driver may be held accountable for your damages in a truck accident lawsuit. Others who could be held in any manner accountable for your accident include:

●        A trucking firm or other employer of the driver who was involved in your collision

●        If a flaw or malfunction causes your accident, contact the truck manufacturer or the components maker.

●        Individual mechanics whose negligence or carelessness led to your mishap

●        in a municipality, if the accident was caused by poor road conditions or other circumstances related to the government.

If you decide to file a case, your attorney may list any people who may be held liable for your injury as defendants. After then, your legal counsel might:

●        Gather whatever proof demonstrates you are a victim of carelessness or deliberate misconduct.

●        Identify your losses and give them value.

●        Affirm the relationship between your losses and the defendant’s failure or acts.

●        File a legal claim

●        Take care of the legal components of your litigation.

●        represent you when you appear in court

●        Negotiate a resolution

●        If a trial is required, finish it.

From the time they are appointed as your agent until your case or insurance claim concludes, your attorney will fight for your rights.

COMPENSATION IS THE GOAL IN A PERSONAL INJURY LAWSUIT

If you hire a personal injury lawyer to represent you, their goal will become to win compensation for you. Awards that you might be entitled to collect to recover your damages include:

●        The objective of a personal injury lawsuit is compensation.

●        The objective of a personal injury attorney you engage to represent you will be to get compensation on your behalf. You may be eligible to get the following awards to recoup your damages:

●        Your medical costs resulting from the accident

●        Your lost revenue

●        Your discomfort resulting from the accident

●        Permanent impairment

●        Decreased ability to earn

CALL WARRIOR TRUCK ACCIDENT ATTORNEYS TODAY

Contact Warrior Truck Accident Attorneys if you or a loved one was hurt in a truck accident or if a loved one died. We can assist you with your claim and let you know just how long you have to launch a lawsuit after the trucking accident.

We want to understand how the accident affected you and your family members. This will help us understand your pain and suffering damages.

You should not be made to foot the bill for someone else’s careless behavior. You could be entitled to financial support for your accident-related damages if we prove the other party was negligent. These may consist of the following:

●        Bills from hospitals and other medical expenses

●        Lost or lower pay

●        A future earning potential that is reduced

●        Costs of auto repair or replacement

●        Both bodily and mental agony

●        Loss of group support

●        Costs of burial and cremation (in wrongful death cases)

This list is not all-inclusive, and you might be eligible for money for just about any loss you had as a consequence of the accident. A truck accident attorney can assess your losses and provide a rough calculation of your potential compensation.

You should not have to face this trying time alone when aid is available. Unless we win your case, the Warrior Truck Accident Attorneys team will not get paid. Call us at 629-257-8558 for a free consultation with no commitment.