When a commercial truck hits you, a million things run through your mind, such as how you will pay for the damages. Filing a lawsuit is one of the most important steps you can take to ensure that you get the settlement you deserve. You’ll then be able to use your settlement to cover essential costs, like medical bills and vehicle repairs.
A truck accident lawyer at the Buzbee Law Firm can examine your case and tell you how much time you have to file a lawsuit. In addition, they can help you file your claim and guide you through the process. Read on learn how and when to file lawsuit after a truck accident in Texas.
The Amount of Time You Have to File a Truck Accident Lawsuit
The state of Texas gives you two years from the day of the truck accident to file a claim against the truck driver and any other negligent parties. When you do this, the insurance company will either accept your claim and offer you a settlement or deny it. In either case, you can bring in a lawyer and turn the claim into a lawsuit for a higher settlement by going to trial.
The statute of limitations is the same amount of time for filing a claim and a lawsuit. However, we advise you to file your claim as soon as possible to ensure that your lawyer can start working on your case. If the statute of limitations passes, you will no longer be eligible for compensation.
While the statute of limitations states that you have two years to file, every case is different. Therefore, you may have more than two years to file or less, depending on your case. The only way to know exactly how long you have is to contact a Texas truck accident lawyer.
Factors That Can Affect How Long You Have to File a Lawsuit
As mentioned above, the deadline you have to file a lawsuit depends on a set of factors. The amount of time you have to file your claim can vary based on the following:
- Details of your case
- Damage types
- The entities involved in the case
- Any contracts you have with the liable party
- Potential plaintiffs
- Potential defendants
- Ages of victims
For example, if you have a contract with the liable party, you and your lawyer will have to sort out how your contract with the party you are filing a claim against will affect your case. This may take a considerable amount of time and may extend your statute of limitations.
Similarly, if a truck accident victim is under the age of 18, the statute of limitations can be tolled (delayed) until the victim turns 18.
How Long You Have to File a Wrongful Death Claim
In the unfortunate situation that you lose a loved one, you may be eligible to file a wrongful death claim. According to Tex. Civ. Prac. & Rem. Code § 16.003, you have two years from the day of the person’s death to file a wrongful death claim. Surviving family members such as a spouse, children, or parents can file the claim for their loved one.
We understand that after you lose a loved one, doing everyday things can be extremely difficult, let alone going through a legal proceeding. If you need help filing your claim, a lawyer can help with the process and tell you when the best time is to file based on your case’s details.
Why You Should File Your Claim Early
Filing a legal claim early is important so that you can get your case into the hands of a lawyer. Also, filing a lawsuit before the statute of limitations gives you a higher chance of winning your case and getting the maximum settlement that you deserve.
This is because it shows that your intentions are genuine and that the accident severely affected you. If you were to wait until the statute of limitations passed, the defendant’s lawyer might question why you did so, and even go so far as to suggest your injuries and damages were not as severe as you claimed.
Start Working With the Buzbee Law Firm Today, and Let Us Fight for Your Settlement
If you were in a truck accident in Texas, our lawyers at the Buzbee Law Firm are ready to stand up for you and your rights to compensation. We’re not afraid to bring your case in front of a jury if we need to because we’ve done it with hundreds of cases before.
Our lawyers are ready to win you the maximum settlement so that you can get back to living your life knowing that we’ve got your back. Call us or fill out the form on our contact page to get a free consultation today.