How long you have to file a lawsuit after a truck accident depends on the statute of limitations in your state and any exceptions to this law that could apply. This makes it crucial to act quickly after these accidents to protect your rights and preserve evidence.
Even if you believe you have a year or more to file a lawsuit based on your semi-truck collision case, you should consider partnering with an attorney right away. There are many steps our team will need to take to build a strong argument before filing suit on your behalf.
How do I Know the Timeline for Filing My Truck Crash Lawsuit?
One way to learn about the filing deadline that applies in your truck collision case is to speak with a team member from our law firm. We handle these cases regularly and will be able to discuss the statute of limitations in your state as well as any exceptions that could occur based on the circumstances of your collision.
In general, the deadline can vary heavily from state to state. In some states you could be limited to as little as one year. Other states give victims up to four years or more to start civil actions against a trucking company and driver. However, when parties like government agencies are involved, the time you have to file could be reduced drastically.
When our team reviews the circumstances of your case, we will determine how long you have left to file and take steps to use the remaining time wisely. Our goal is to build the strongest case possible in the time we have available.
For a free legal consultation, call (800) 537-8185
Deadlines Are Not the Only Reason to Act Quickly After a Truck Accident
While a looming deadline is one of the most apparent reasons you want to get started building a case soon after a crash, other factors can also affect your timeline. The following sections outline some examples.
The Trucking Company May Have Much of the Evidence to Prove Your Case
One way truck accidents are unique is that the potentially liable party – the trucking company – often holds critical evidence in the case. Therefore, it is imperative to have someone identify and preserve this evidence as soon as possible.
For example, our team can send a spoliation letter that legally requires the trucking company to preserve the evidence in your case, including:
- Driver rest records
- Onboard computer data
- Dashcam video of the accident
- Any physical evidence
- The driver’s employment records
- Post-accident drug and alcohol testing results
Any of these items could hold critical value in your case.
You Have Growing Debt and Little Income
Filing sooner does not always mean the case will resolve sooner. However, waiting to start building a case will only prolong the time it takes to receive the compensation you seek.
If you have mounting financial stress due to medical care costs, lost wages, and more, you may want to get to work on your claim as soon as possible. This will allow your attorney to worry about your financial future, not you.
Filing a Lawsuit is Not the First Step to Securing a Financial Recovery
Our team must navigate several steps before we know if you need to file a lawsuit and before you are ready to take this step. These steps include:
- Investigating the accident
- Gathering evidence
- Identifying liable parties
- Filing an insurance claim
- Attempting to negotiate a fair settlement agreement
Under most circumstances, you only need to sue the driver and their employer if you cannot reach a settlement agreement outside of court.
Recovering Damages Through a Truck Accident Case
Our team will document your recoverable damages and seek a payout to cover these expenses and losses. However, it can take time to identify all that you qualify to recover. For example, we will need to understand what your physical recovery entails and whether you will have lasting health effects that impact your life.
We aim to account for both current and future damages you face due to the truck accident. Your settlement or court award should compensate you for:
- Medical care costs related to the accident, including future treatment
- Lost income and diminished earning capacity for long-term or permanent injuries
- Property damages and car repairs
- Miscellaneous related costs
- Pain and suffering damages
In some truck accident cases, family members may pursue wrongful death damages, as well. These damages vary by state but could include an array of economic expenses and non-economic losses.
Connect with Morris Bart, LLC About Your Truck Accident Case
You can speak to a member of the team from the Morris Bart law firm today for free. We want to discuss your case with you and help you understand your rights. One of our attorneys may be able to file your claim or lawsuit and seek compensation on your behalf.
Dial (800) 537-8185 to reach our team in Alabama, Arkansas, Louisiana, or Mississippi today.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.