Experiencing a truck crash is one of the most stressful situations you can face. Beyond the physical and emotional toll, the legal processes for injury compensation can feel overwhelming.
Unfortunately, the clock starts ticking in Texas right after the accident, thanks to strict statute of limitations laws that dictate how long you have to file a lawsuit in Texas.
You have two years from the truck accident date in Texas to initiate a lawsuit. This time frame applies to personal injuries and any property damage incurred. Knowing these deadlines is important so you don’t miss your chance at your deserved compensation.
Don’t try to deal with a truck accident claim alone. Contact AP Law Group, and let an accident attorney guide you through filing. Time is of the essence, and having the right support makes all the difference.
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Understanding the Statute of Limitations in Texas
If you need compensation after a truck accident, understanding the statute of limitations in Texas is very important; it’s your deadline to file, and if you don’t meet it, you won’t get the remuneration you deserve for your suffering.
In Texas, you have two years from the accident or injury date to take legal action for most personal injury claims.
What Types of Claims Are Affected?
The statute of limitations covers a wide range of Texas civil claims.
Here are some common examples:
- Motor Vehicle Accidents: This includes car accidents, motorcycle crashes, pedestrian incidents, and truck and bicycle accidents.
- Workplace Accidents: Cases include maritime, construction, oil rig, or industrial plant accidents.
- Premises Liability Claims: This category includes claims for slip-and-falls, dog bites, and unsafe property conditions.
- Medical Malpractice: This includes injuries due to medical care negligence.
- Product Liability: Cases include dangerous drugs or defective products.
- Nursing Home Abuse: Neglect or abuse in a nursing home is covered.
The Importance of Meeting the Deadline
Failing to file your lawsuit within the two-year window means you could forfeit your right to get compensation from those responsible. If a defendant argues that the statute of limitations has expired, the court may dismiss your case.
Texas’s deadline is generally standard compared to other states. Some might have shorter limits, while others may allow more time to file. However, if your injury happened in Texas, you must adhere to state statutes.
Exceptions to Texas Statutes of Limitations
Exceptions apply to this statute.
The time you have to file your claim can vary based on:
- Case Details
- Types of Damages
- Entities Involved
- Contracts with Parties Involved
- Identifying Plaintiffs and Defendants
- Victim Ages
For instance, if you entered into a contract with the party you’re filing a claim against, you need to know how that contract may change your case. Sorting this can take time and might even push back your statute of limitations.
Tolling and the Discovery Rule
The first exception to the Texas statute of limitations on filing a truck accident claim is tolling. Tolling extends the filing deadline for a personal injury lawsuit.
A common scenario involves children. If a minor is injured, the statute of limitations doesn’t start until they turn 18. This means they have until their 20th birthday to file, allowing them time to pursue justice when they’re older and more capable of informed decisions.
The second exception is the Discovery Rule. This rule applies when injuries are not immediately apparent or not linked to a specific event. For instance, exposure to a toxic substance may not cause symptoms immediately; serious health issues like cancer can appear a decade or more later. In such cases, the statute of limitations begins when the person discovers their illness or its cause, making timeline documentation essential.
The injured party bears the burden of proving a direct connection between the exposure and the injury. They must also demonstrate that a reasonable person wouldn’t have noticed the harm sooner. Proving the Discovery Rule applies to your case will require a skilled lawyer.
Other Considerations
Additionally, fraud cases affect statutes of limitations and mental or physical impairments that hinder someone’s ability to file a lawsuit within the usual timeframe.
Consult a personal injury lawyer immediately if facing a truck accident claim. Don’t wait; delaying that conversation could mean losing your right to hold the responsible party accountable.
If the Defendant Leaves Texas
Sometimes, the situation gets even more complicated. If the party at fault for the accident leaves Texas, their absence may extend your filing time. Their time out of state generally doesn’t count against the two-year statute of limitations, giving victims more leeway to pursue a case.
If Your Accident Involved a Government Agency
Truck accidents can grow even more complicated when they involve a government vehicle or an employee. In Texas, if you’re in a collision with a government-owned vehicle or a government employee on duty, according to the Texas Tort Claims Act, you’ll need to act fast. To file a claim, your truck accident lawyer in Houston must provide written notice of your injuries, present evidence against the agency, and detail other facts within six months.
If a Loved One Died in the Accident
Losing a loved one is heartbreaking, and if it was because of a truck accident, know that you have options. You can hold the trucking company accountable for specific damages resulting from the tragedy.
Just like any other truck accident case, you have a two-year window to file a lawsuit against the trucking company for wrongful death.
While it’s good to know these exceptions, don’t rely on them. The law narrowly defines these exceptions, and your situation might not fit within those parameters.
Understanding these exceptions is important for anyone dealing with truck accidents and legal claims. If you’re in this situation, consult an AP Law Group attorney who can help you through the process, stay informed, and protect your rights.
Statute of Limitations for Personal Injury Claims: The Purpose
If you ever wondered why there’s a time limit when filing personal injury claims, it’s about keeping things fair and timely. Defending against very old claims is often unfeasible and unfair.
One main reason is to protect evidence integrity. Over time, memories fade, as do key details. If someone waits too long to file, the chances increase that necessary evidence, like eyewitness testimony, might be lost or distorted. Cases proceed while facts are fresh in everyone’s minds.
Furthermore, these statutes protect against legal abuse. If someone holds a grudge and files a lawsuit over something that happened years ago just to stir trouble, this isn’t fair to anyone. The statute helps deter this kind of harassment.
Additionally, courts are busy. With so many cases to handle, outdated claims clog the system further. Ensuring cases include recent events helps courts run faster and more smoothly.
If You File Your Truck Accident Claim Late
While the statute of limitations pertains to lawsuits rather than insurance claims, it can affect the claims process.
The at-fault party representative will know critical deadlines.
If your case does not resolve as the deadline approaches and you fail to file a lawsuit, the at-fault party may refuse further negotiations. Should the deadline lapse without legal action, the courts will prohibit you from filing your lawsuit.
Compensation After a Truck Accident in Texas
After a truck accident, the physical injuries, emotional toll, and mounting bills create numerous challenges, adding to the filing deadline stress. That’s why you need a knowledgeable AP Law Group truck accident attorney in Houston. They make sure you have all the necessary information, file on time, and determine what compensation you deserve.
In Texas, the law recognizes two main injury damage categories: economic and non-economic:
Economic Damages
- Medical Expenses: Your medical bills can build quickly if you are injured. You can pursue funds for medical-related expenses, including hospital stays, surgeries, medications, physical therapy, and any necessary ongoing treatments.
- Lost Wages and Earnings: If your injuries left you unable to work, you shouldn’t have to shoulder the financial burden. You can sue for lost wages.
Non-Economic Damages
- Pain and Suffering: Truck accident impacts go beyond the physical. You deserve payment for the pain, mental anguish, and loss of joy your injuries cause. These intangible losses are important and relevant parts of your claim.
- Wrongful Death Claims: If you lost a loved one in a truck accident, you may file a wrongful death claim. This can include funds for funeral and burial expenses, losing the deceased’s expected earnings, companionship loss, and family members’ emotional distress.
A skilled truck accident attorney can provide guidance as you explore your options and fight for the compensation you deserve. You’re not alone in this. Resources and professionals can support you every step of the way.
What to Do After a Truck Accident
In addition to knowing how long you have to file a claim after a truck accident, you need to know what to do immediately after the incident to ensure coverage.
Collect Evidence
Accident scenes can change fast. Cleaning crews can remove skid marks, shattered glass, and bent metal within minutes, so act quickly. Take photos of the scene and gather evidence to strengthen your claim against the other driver. This information can help your AP Law Group attorney and case.
Retain Clear Memories
Trauma can taint our memories of the moment. Document your account of events as soon as possible. Try to get witness statements while their memories remain fresh. This will help ensure an accurate and detailed account of what happened.
Get Immediate Medical Attention
Sometimes, truck accident injuries aren’t obvious immediately. You might not feel any pain, but internal injuries, whiplash, or concussions can show up days later. Getting a medical exam immediately helps identify hidden injuries early, keeps you safe, and provides important documentation for your claim.
Contact Your Insurance Company
You may need to involve your insurance company. Give them only the relevant information they need. Don’t discuss fault or anything else. You want to make sure that your statements don’t harm your claim.
Speak with an Attorney Early
Timing is everything. The sooner you connect with a car accident attorney in Texas, the better. Engaging a lawyer right after your accident lets them start gathering and preserving evidence sooner. They can consult expert witnesses and advocate for your rights during negotiations with insurance adjusters.
Following these steps can help you manage a truck accident. Don’t hesitate to get legal help.
Consult a Truck Accident Attorney
Houston, Texas, is a major hub for commercial trucking within the United States, making 18-wheelers a frequent presence on the road. While extensive regulations help create vehicle safety, trucking companies may prioritize their profits over compliance. When these companies cut corners, the drivers and other motorists suffer the consequences.
After a truck accident, seek the assistance of experienced legal professionals who understand these complex cases. The Truck Accident Injury Lawyers at AP Law Group advocate for your rights. We understand large trucking companies’ tactics and are committed to getting you the maximum compensation for your injuries and property damage.
Don’t let them take advantage of you after a truck accident. Empower yourself by contacting a skilled attorney who can handle the challenges.
Contact AP Law Group today for a consultation. You deserve protection, and we are here to help you every step of the way.
