In terms of how long do you have to file a lawsuit after a truck accident, the period generally lasts two years. If you choose not to submit a lawsuit during this window, you may be solely responsible for your accident-related losses.
A personal injury lawyer who has truck accident case experience may help you recover damages from any at-fault parties. Allow an Arlington truck accident lawyer from our team to evaluate your case. Contact us today to get started.
How Long You Have to File a Lawsuit After a Truck Accident in Texas
According to Texas Civil Practices and Remedies Code Chapter 16, the statute of limitations for a personal injury lawsuit is two years. This means you may have up to two years to pursue damages via an insurance claim or lawsuit. To understand how this works, consider an example.
A truck driver slams their vehicle into yours, causing an accident that results in an injury. At this point, you have legal options. You can choose to do nothing, submit an insurance claim, or file an injury lawsuit.
The Texas Law Dog can provide insights into the Texas car accident claim process and other topics relating to your case. If you decide to seek compensation through an insurance claim or lawsuit, we can help you do so in alignment with the statute of limitations. Request a free case consultation.
For a free legal consultation, call (817) 775-5364
Why You Should File a Lawsuit After a Truck Accident
In addition to considering how long you have to submit a lawsuit after a truck accident, think about the severity of your injury and the associated losses you face. You can hold an at–fault truck driver or other liable parties accountable for your losses. To do so, you may want to ask for compensation through an insurance claim or lawsuit.
Your lawyer can explain how car insurance works in the state of Texas. You have the right to file an insurance claim if you are involved in a truck accident. Your insurance carrier can work with the other party’s insurer to figure out who caused the accident, which may allow you to get compensation for your accident-related losses.
Of course, even if a truck driver or another party is at fault, their insurer can dispute your claim. Alternatively, your lawyer can pursue damages through a lawsuit. This may allow you to get compensation for your quantifiable and subjective losses.
When to File a Lawsuit After a Truck Crash
As far as how long you have to file a lawsuit following a truck accident, time is limited. If you try to request damages on a date two years beyond when your accident happened, you may be ineligible to do so. You may be 100% responsible for your accident-related losses.
Your attorney can share videos and other resources that highlight the importance of filing a lawsuit as soon as you can after a truck accident. They can submit your lawsuit and build a body of evidence to support it. If you have an abundance of proof, it becomes exceedingly difficult for the defendant in your case to disprove your argument against them.
In your lawsuit, you may use accident scene photos and videos, witness statements, and other proof. The defendant is likely to gather evidence in the hopes of contesting your argument. Regardless, your lawyer prioritizes your case and does everything within their power to help you collect maximum damages.
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How Long It Takes to Recover Damages in a Truck Accident Lawsuit
For those interested in learning how long it takes to file a lawsuit after a truck collision and recover damages in their case, the time frame it takes to receive compensation varies. Your lawyer can give you information about the average settlement for a semi-truck accident and similar types of crashes. They may be able to resolve your lawsuit without a trial.
If the defendant in your case has concerns about the strength of your argument, they may propose a settlement before your trial date. A settlement offer does not guarantee your case will be resolved immediately. You have the right to decline a settlement and continue with your litigation if you choose.
Your lawyer will encourage you to decline a settlement unless it matches your expectations. It is your decision on how to proceed with a settlement. If no settlement is reached, you and your lawyer can argue your case to a judge or jury, and a determination will be made on whether you receive full or partial damages or no compensation at all.
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How Long it Takes to Receive Full Damages in a Truck Collision Lawsuit
The legal process can be tricky, particularly when it comes to securing damages. You may believe you have a compelling argument backed by a wide range of evidence. Yet, the defendant in your truck accident case may compel a judge or jury to award you partial damages or prove you are primarily to blame.
Due to the proportionate responsibility rule, you may get only a fraction of the damages you request in your lawsuit. If you are found to be 1-50% liable for your truck collision, a judge or jury can award damages minus your percentage of fault. In a situation where you are more than 50% to blame, you may not receive any damages.
Your lawyer accounts for proportionate responsibility as they help you get ready for your trial. They will consider how the defendant and their attorney will argue their case against you. When your trial gets underway, your lawyer will advocate for you, protect your legal rights, and commit time and resources to deserve full damages.
Get the Help You Need to File a Lawsuit After a Truck Accident
The Texas Law Dog wants you to recover damages from anyone who contributed to your truck accident.
We can assess your case and help you decide if now is the right time to move forward with a lawsuit. Schedule a free case consultation with us.
Call (817) 775-5364 or complete a Free Case Evaluation form
