How Long Do You Have to File a Claim After a Big Rig Accident?

If you or a relative have been involved in a truck accident, you might be wondering how much time you have to file a claim. Understanding the statutory time limit, or statute of limitations, is essential to safeguard your rights and recover compensation to which you are entitled. Here on this blog, we will walk you through what to do and when to seek a big rig accident attorney after a big rig crash, like when to get a big rig accident attorney.

What is a Statute of Limitations?

A statute of limitations is a statute that prescribes the maximum period after something has occurred within which court action may be initiated. In case of an accident with a big rig, it is the amount of time you have in which to sue or bring a personal injury action. If you do not do this within this time, your case will be dismissed even if you have a strong claim.

How Long Do You Have to Make a Claim?

How long you will have to make a claim after a collision with a large truck will vary depending on the state in which the accident took place, and the type of claim. The majority of states establish a statute of limitations period for personal injury claims based on an auto or truck accident at two years. But the duration of this time is shorter or longer depending on various factors, and therefore one must seek a legal practitioner after an accident has happened. 

Below are some of the most important factors which may affect the period:

• State Statutes: All states have a personal injury statute of limitations. For instance, in California the two-year statute of limitations will be applicable to a claim arising out of a collision by a big rig, and similarly in Texas it is generally two years. There are some exceptions which can reduce or extend the period in some cases.
• Type of Claim: If you are using an agency of public transportation or a government agency, the statute of limitations might be considerably stricter. In a few jurisdictions, there is a requirement that claims against government agencies be brought within six months from the time of the accident. If your claim involves wrongful death or property damage, there may be other deadlines.
• Discovery Rule: In certain instances, the statute of limitations may be tolled under the so-called "discovery rule." This occurs when the damage or injury from the accident did not at once manifest itself, e.g., latent symptoms of a trauma. The time starts running when the injury is discovered, or, in the exercise of due diligence, ought to have been discovered.

Why You Should File a Claim ASAP?

Even though you have a couple of years to file a claim, it is advisable to do so sooner. Here's why:

• Evidence Preservation: Over time, evidence related to the accident, i.e., witness testimony, your vehicle or trucking company records, may be destroyed or lost. Forgetting the claim early in time ensures that critical evidence is preserved for your case.
• Availability of Witnesses: The witnesses are under no obligation and can leave the area, change their residence, or forget specific details about the accident. When you make a claim early on, you ensure that any available witnesses are interrogated and provide statements in your favour.
• Maximizing Compensation: Delaying in filing your claim will reduce your ability to reach maximum compensation. The more time you wait, the harder it will be to hold the accident as a result of injury. Filing early provides you with a better case for economic and non-economic damages.
• Statutory Exceptions: There may be statutory exceptions to the statute of limitations in specific situations, such as in case the offending agency was a government agency or if the victim was a minor in the big rig accident. Employing a big rig accident attorney will ensure you don't miss something vital that will extend your deadline. 

How a Big Rig Accident Attorney Can Help?

You require a good big rig accident attorney to deal with the complexities of your case. They can inform you regarding the statute of limitations for your specific case and ensure that all the forms are filed promptly. An attorney can help you by:

• Investigating the Crash: There are usually various individuals involved in a truck crash including the driver, trucking company, maintenance personnel, and potentially other vehicles. An attorney will conduct an extensive investigation of what caused the crash, gather evidence, and identify all persons responsible.
• Negotiating With Insurance Companies: Insurance company claims as a result of big rig accidents typically consist of negotiating with huge insurance companies that will try to settle for less than your fair share. An experienced lawyer will negotiate on your behalf and avoid you getting exploited.
• Submission of Required Papers: Legal cases take time, and one missed deadline or failure to file the correct papers can blow your case. Your attorney will handle all the filing on time and in the correct form.
• Giving You Peace of Mind: Dealing with the aftermath of an accident is a little more than intimidating. When you've got a big rig accident lawyer working your case, though, you're free to let them worry about piecing together the details while you focus on getting better.

Wrapping Up

In case of a big rig crash, you must move as quickly as possible to protect your rights and ensure that you adhere to the statute of limitations in case you need to file a claim. While you may have two years or more to move, the earlier you consult a big rig accident attorney, the greater your opportunity for receiving adequate compensation. Don't risk losing your chance at pursuing justice—contact a trained lawyer as quickly as possible to discuss your case and get the ball rolling towards recovery.