If you have sustained injuries in a truck accident, you could qualify for compensatory damages for the non-monetary and monetary losses incurred, including therapy costs. However, you must identify the at-fault party and file your claim within the set time limit (statute of limitations) to receive compensation for your losses.
Understanding the laws about filing a compensation claim after an accident is crucial to seeking justice and adequate compensation for your losses. Are you worried about how long you can wait to file a lawsuit against the at-fault party after an accident? Read on for all the answers you need about the statute of limitations for filing a lawsuit after an accident and its impact on your claim.
What is the Statute of Limitations in Personal Injury Cases?
The statute of limitations is the legal term for the maximum time limit the injured party (plaintiff) has to file a civil lawsuit against the at-fault party after an accident to receive damages for his/her losses. Generally speaking, the time limit for filing a lawsuit against the at-fault party varies, depending on the type of claim and who is to blame for the accident.
Understanding these nuances is key to protecting your legal rights and increasing your odds of obtaining a desirable outcome in your claim. That is why it is crucial to retain the services of an attorney to help you prepare your compensation claim on time while the evidence is still fresh in eyewitnesses' memories for the best possible outcome.
The Deadline for Filing an Injury Lawsuit
After an accident, you can receive compensation for your losses through settlement or by filing a lawsuit against the at-fault party. Most parties involved in an accident will be willing to settle their claim to avoid the lengthy and costly legal process. However, you have options if the at-fault party in your accident case is not ready to give you a fair settlement offer for your losses.
You can obtain adequate compensation for your losses by filing a lawsuit against the at-fault party or his/her insurer. When you file a lawsuit, your attorney will have the legal burden of proving to the court that the at-fault party or defendant caused your injuries and that you incurred losses due to the accident.
Generally, you have a maximum of two (2) years from the date of the injury to file a lawsuit against the at-fault party to receive compensation for your losses. This time limit applies to auto accidents and most personal injury cases.
The statute of limitations is generally the "countdown" that determines the validity of your compensation claim after an accident. What confuses most people is the start date of the countdown, which depends on the facts and circumstances of your unique case, for instance:
- Car accident compensation claims – The countdown will begin on the date of the collision or accident that led to your injury.
- Accidents resulting to the death of another person – If an accident causes another person's death, the clock will start to countdown on the date of that person's death.
Exceptions to the Two-Year Deadline for Filing an Injury Lawsuit
In many cases, if you have sustained injuries in an auto accident, you will not have more than two (2) years to file a lawsuit against the at-fault or liable party. However, there are a few exceptions to this rule:
Property Damages
Although the bulk of damages in most auto accidents pertain to medical costs incurred, property damage is also compensable in an injury lawsuit. If you incur losses due to vehicle damage repair costs after an accident, you will have no more than three years to file a lawsuit against the at-fault party.
Claim Against Government Entities
An injury lawsuit will demand urgency, but certain cases require more urgency to avoid compromising your rights to seek compensatory damages for your losses. For instance, if your accident or injury was due to a government entity's negligence, you will have no more than six months to begin the legal proceedings.
While it is not an everyday occurrence, several situations could necessitate filing a lawsuit against a government entity. For instance, a government entity could be liable for your injuries if a bad or poor road condition, like a pothole, caused the accident that led to your losses.
If you were involved in a car accident and the government owns and manages the other vehicle involved, you could also have a claim against a government entity. In both of these scenarios, retaining the services of an attorney as soon as you can is a decision you cannot regret because these cases require immediate documentation of the evidence available.
The Discovery Rule
Most injury claims require you to file a lawsuit within two (2) years from the accident date. However, technically, you have two (2) years from the date you discovered you have an injury caused by the accident.
It is not uncommon for auto accident victims to fail to realize they have an injury until days or months later after the accident because sometimes adrenaline and endorphins can mask the pain and other symptoms of an internal injury.
Therefore, if you sustained an injury in an accident but did not realize it until weeks or months after a diagnosis, the deadline for filing your lawsuit will begin the day you discovered the injury. Since it is common for accident victims to not discover they have an injury until later, scheduling an appointment with your medical doctor as soon as you can after an accident is a great idea.
Your doctor will conduct a diagnosis to determine whether you have an internal injury you cannot see with your naked eye.
Failure to comply with these strict time frames could make you lose your right to sue the at-fault party for damages resulting from your injuries and property damage, if any. An experienced attorney understands that time is of the essence if you have a compensation claim and will do everything necessary to protect your rights to seek damages from the at-fault party in your case.
Tolling
Certain circumstances can make the deadline for filing a lawsuit paused or tolled, such as:
-
You or the Defendant is Under Eighteen (18) Years
If an underage driver caused the auto accident that led to your injuries, you will have two years from the date the minor turns eighteen (18) to file your lawsuit against him/her. Conversely, if you were under eighteen years old when you sustained an injury in a car accident, you will have two (2) years from the date you turn 18 to file a lawsuit against the at-fault party.
-
You or the Defendant are Out of State
The deadline for filing your injury lawsuit will be paused if you, the plaintiff, or the defendant are out of state. Therefore, if the person who caused your injury leaves the state for three months, you will have two (2) years and three (3) months from the accident date to file a lawsuit against him/her.
-
You or the Defendant are Behind Bars
If you or the defendant are in state prison for any offense, the deadline for filing your lawsuit will pause. For instance, if the defendant is locked up in prison for two (2) years, you will have four (4) years from the accident date to file a lawsuit against him/her to receive damages for your losses.
-
You or the Defendant are Considered Legally Insane
If you sustained an injury in a car accident caused by a driver that the court considers legally insane, the deadline for filing your lawsuit against him/her will pause. In this situation, the court will pause the deadline for filing your lawsuit against him/her until he/she is mentally fit to stand trial.
If the court declares him/her mentally fit to stand trial two (2) years later, you will have a maximum of four (4) years from the accident date to sue for damages.
How Delaying a Lawsuit Could Affect Your Compensation Claim
Although certain circumstances could convince the court to extend the two-year time frame you have to file a lawsuit, you should file your lawsuit on time to avoid unnecessary inconveniences. Delaying the filing of your lawsuit against the party that caused the accident and your claim can prejudice your case in various ways.
When you wait too long to file your lawsuit, the compensation you could receive for your losses will lessen, or you can lose the entire case.
The legal complexity of a personal injury case requires an experienced and dedicated attorney to help you build your case, calculate damages worth, and prove liability at trial. The longer you wait to file your lawsuit, the less time you will have to do this for the best possible outcome on your claim.
Importance of Filing Your Lawsuit Promptly
Aside from preserving your legal rights to receive damages from the negligent party that led to your injuries, filing your lawsuit on time is crucial for the following reasons:
You Will Not Lose Crucial Evidence on Your Claim
One of the primary reasons you should file your lawsuit on time is to prevent the loss of crucial evidence you need in your case. For instance, physical evidence could be tampered with, or eyewitnesses could relocate or forget crucial details about what could have led to the accident, weakening your compensation claim.
By filing your injury lawsuit on time, you increase your odds of preserving crucial evidence that can strengthen your claim against the at-fault party for the best possible outcome.
Memories Fade Over Time
Unfortunately, human memory is fallible and can fade over time. That means delaying filing your lawsuit against the at-fault party could result in fading memories, weakening your compensation claim. Filing your lawsuit on time increases the odds of preserving precise and accurate memories that your attorney can use to strengthen your compensation claim.
You or Your Attorney Bears the Burden of Proof at Trial
The burden of proof in a civil lawsuit lies on the plaintiff. That means you cannot receive compensatory damages for your losses if your attorney cannot prove that the defendant is liable for the accident that led to your injuries.
When you wait too long before filing your lawsuit against the at-fault party, proving beyond a reasonable doubt that the defendant is liable for your injuries and damages could be challenging.
It Prevents Unnecessary Costs
Delaying to file a civil lawsuit against the party that led to your injuries can also result in the accumulation or mounting of lost wages and medical bills, resulting in unnecessary financial burdens. On top of that, delaying a civil lawsuit could lead to increased legal fees because your case becomes more challenging to resolve with time.
Taking legal action against the party that led to your injuries on time can prevent the loss of crucial evidence and unnecessary delays when seeking compensation for your losses. It is worth noting that missing the deadline for filing your lawsuit could result in personal accountability for all your losses resulting from the accident, including medical expenses, lost wages, and property damage.
That is true even if you or your attorney have evidence to prove that you were not at fault for the accident that led to your injuries.
How to Strengthen Your Compensation Claim After an Accident
As mentioned above, when you file a civil lawsuit against the at-fault party to receive damages for your losses, you or your attorney will carry the burden of proof. That means you must have strong and convincing evidence to stand a chance of obtaining a desirable outcome. Here are a few ways you can build up your evidence:
Document Everything
If you are lucky to be alive after an accident, you should begin documenting everything to protect your best interests and increase your odds of obtaining a desirable outcome. You can start by gathering crucial evidence immediately by:
- Calling the police to assess the accident and prepare a report of the case.
- Taking pictures and videos of the accident scene.
- Talking to eyewitnesses who can testify on your case.
- Exchange your contact numbers and insurance information with the other driver.
- Seeing a doctor as soon as you can for an immediate check-up, even if you do not have visible physical injuries.
Speaking With a Reliable Attorney
Whether you want to file an insurance claim or lawsuit against the party that led to your injuries, having a reliable attorney on your side is very crucial. A seasoned attorney can assess your case and know the best course of action to help you obtain compensatory damages.
Many victims of car accidents are afraid of involving an attorney in their cases because they are afraid they could have to pay a lot of money for their services. However, most injury attorneys work on a contingency basis, meaning you will not pay them unless they win your claim.
Then, when they help you win your lawsuit or settlement, you will pay him/her a certain percentage of the amount you win. For the best possible outcome in your case, you should take your time to find a reliable attorney. Ensure the attorney you will retain is:
- Credible and reputable.
- Cost-friendly.
- Qualified and experienced.
- Accessible and available.
Aside from giving you peace of mind as you recuperate after an accident, a reliable attorney can protect your best interests and increase your odds of obtaining a successful outcome in your case. If you have a friend, relative, or colleague who has had to file a lawsuit, you can ask them to recommend a reliable attorney for legal representation.
Take Away Notes
Accidents are traumatic and unexpected events that can leave you with serious financial burdens, especially if a large vehicle like a truck is involved. However, you can obtain compensation for your losses from the at-fault party through settlement or by filing a lawsuit with the help of your attorney. Whether you decide to file a compensation claim or lawsuit, time is of the essence.
Since every injury case is unique, you should consult your attorney to know how long you have from the accident date to file your lawsuit against the at-fault party.
Find a Credible Personal Injury Attorney Near Me
The aftermath of an accident can be confusing, but as soon as the dust settles, you should worry about seeking compensation for your injuries and losses resulting from the accident. Since it is a confusing legal process, you should never risk handling the case without a reliable attorney.
The reliability of the attorney you choose after sustaining an injury in an accident can mean the difference between obtaining maximum compensation for your losses or losing the entire case. Choosing a dependable attorney with the right blend of experience, expertise, and resources puts you in the best position to secure a desirable outcome in your compensation claim or lawsuit.
At the Truck Accident Injury Attorney Law Firm, we have what it takes to help you obtain a desirable outcome on your claim or lawsuit. We invite you to call us at 888-511-3139 to schedule your first appointment with our profound injury attorneys, wherever you are in California.
