How Long After a Truck Crash Can You File a Lawsuit?

 Posted on October 29, 2024 in Truck Accidents

Because of their monstrous size and weight, large trucks often cause catastrophic injuries and property damage when they collide with passenger cars. If you are injured in a truck accident or a loved one lost their life, you may qualify for compensation through a personal injury or wrongful death claim. However, there are time limits for filing these claims. If you miss the applicable deadline, you usually cannot recover any damages.

Is filing an insurance claim the same as filing a lawsuit? How long do you have to file a truck accident lawsuit? A knowledgeable lawyer from James Kennedy, P.L.L.C. can help.

Are Insurance Claims and Civil Lawsuits the Same?

Most personal injury claims, including truck accident cases, begin by filing an insurance claim against the at-fault party’s insurance policy. You need evidence proving the policyholder was at least partially responsible for causing your crash, so you may need to investigate the wreck to find supporting evidence.

To accurately assess your damages, which are specific losses caused by your truck wreck, you need to wait until you reach maximum medical improvement. That term means your condition will not likely improve even with further treatment. Waiting allows your attorney to estimate the costs of anticipated future medical care.

Liable insurers will probably offer an unreasonably low settlement. You can negotiate to reach an acceptable amount, but some insurance companies refuse to make a reasonable offer. In these cases, you have the option to file a civil lawsuit and let a judge or jury decide. However, even if you file your insurance claim immediately after your wreck, you have a separate deadline for filing a lawsuit.

What Is a Statute of Limitations?

In legal matters, a statute of limitations places a deadline on taking an action. Each state sets these deadlines, which differ. For example, the statute of limitations for truck accident lawsuits in Texas is usually two years from the date of injury or when the injury was discovered. In New Mexico, injured victims typically have three years to file an injury lawsuit.

As with most laws, some exceptions can shorten or extend a personal injury statute of limitations, which may include:

• Claims filed against a government entity typically have shorter timeframes.
• If the person injured is a minor or of unsound mind, a longer period may be granted.
• For injuries that do not become apparent until well after a truck collision, the clock usually starts ticking when they are discovered.

The best way to ensure you file your lawsuit before the applicable statute of limitations expires is to call a local attorney. James Kennedy, P.L.L.C. serves clients in Texas and New Mexico, and we are well-versed in all applicable laws.

Why Should I Call a Lawyer Right Away?

It takes time to investigate your accident, gather supporting evidence, reach maximum medical improvement, and negotiate with insurers. If you wait until your statute of limitations is about to expire, even the best lawyer may find it challenging to build a solid case. It is much better to involve James Kennedy, P.L.L.C. early in your claims process to give us the best opportunity to achieve a successful resolution for your case.

Call Our Skilled El Paso, TX Truck Wreck Lawyer Today

To find out more about how working with James Kennedy, P.L.L.C. can benefit you, call us at 915-544-5200 to discuss your situation with our dedicated New Mexico personal injury attorneys. Your consultation is free, so call now.