Each insurance company may have its own requirements regarding when you need to file your truck accident insurance claim. Generally, you should get started right away to avoid missing any deadlines, as some insurers give you just a few weeks to file. If you’re filing a truck accident lawsuit, you typically only have two years to submit it.
Working with a Dallas truck accident lawyer can help you meet all applicable deadlines, but you should get started as soon as possible. An attorney can help injured parties or families who lost someone in a truck accident. If you have additional questions or are ready to get started, our team is here for you. We provide free consultations for victims and their families.
What Is the Deadline for Filing a Texas Truck Accident Lawsuit?
Each state sets a deadline for filing different types of lawsuits. These are known as statutes of limitations. In Texas, personal injury and wrongful death cases generally have a two-year timeline under Texas Civil Practice and Remedies Code § 16.003.
The clock begins ticking on the date the accident occurs in most cases. You have two years to file the initial paperwork in civil court from that date. Missing this deadline could result in the court barring your lawsuit and preventing you from taking the case to trial.
While many cases settle without going to trial, the ability to take a case before a jury provides a lot of incentive for the liable party and their insurer to provide a fair settlement to avoid an expensive trial.
Trucking businesses and their insurance companies often want to avoid the cost and time spent in court, especially if they believe there is enough evidence to support the victim’s case. You lose this leverage if you do not meet the deadline for filing a lawsuit or personal injury claim.
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What Are the Advantages of Acting as Soon as Possible in Your Truck Accident Case?
Ensuring you meet the deadline set by the statute of limitations is not the only reason you want to speak with a personal injury lawyer as soon as possible after suffering injuries in a crash. The sooner you hire a law firm to manage your case, the earlier your attorney will begin investigating what happened and gathering evidence.
Some evidence does not last long following a crash. This could be especially true in a truck collision when the trucking company—often a liable party—holds much of the evidence. Your lawyer must act quickly to preserve this evidence and identify additional proof of what happened.
Sometimes, preserving evidence in the initial days and weeks after a crash can make a significant difference in a case. For example, most businesses only keep surveillance videos for one to two weeks. If a nearby business caught your crash on video, you might only have a short time for your attorney to obtain this evidence before it is lost forever.
What Damages Are Recoverable in a Texas Truck Collision Case?
The potential value of a truck crash case depends entirely on the expenses and losses the victim experienced because of their collision injuries. Unfortunately, because of the size and weight of commercial tractor-trailers and the speeds common in these crashes, many truck accident victims suffer life-altering, catastrophic injuries.
Truck accident victims may require ongoing and future care and support costs because of the severity of their injuries. This could substantially increase the value of these cases.
Some common types of recoverable damages for truck crash victims include:
- Medical care costs, current and future
- Ongoing care and support needs, including long-term care costs if necessary
- Income losses for time missed at work
- Diminished earning capacity if there are permanent disabilities
- Property damages, including car repair or replacement
- Miscellaneous expenses with documentation
- Pain and suffering
- Mental anguish
- Lost life enjoyment
When a truck accident victim dies from their injuries, their surviving family members can pursue compensation and seek justice under Texas Civil Practice and Remedies Code § 71. Our truck crash lawyers handle these cases, too. The deadline in a wrongful death case is the same as in a personal injury lawsuit. Our truck accident lawyer can explain more about wrongful death cases when you hire us.
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How Can a Truck Accident Attorney Help You With Your Claim or Lawsuit?
Working with a law firm that regularly represents truck accident victims in your area can help you reduce stress and navigate the process more efficiently. At the same time, it will help your case by putting their experience, knowledge, resources, and reputation on your side. Your lawyer will build your case and pursue compensation while you focus on your treatment and physical recovery.
As long as they know about your crash in time, your attorney will ensure you meet all necessary deadlines. They will manage your case, taking steps that include:
- Gathering evidence such as the police report and witness statements to build a compelling case
- Preserving evidence held by the trucking company
- Building a case against the trucking company, truck driver, or another liable party
- Valuing the case based on your expenses and losses, current and future
- Demanding fair compensation from the insurance carrier
- Negotiating a settlement when possible
- Preparing and suing the liable party as necessary
- Representing you at trial if needed
Having an experienced 18-wheeler accident lawyer handling your legal case could make a difference in how much you recover in several ways. Not only will your attorney protect you from the insurance company’s tactics that reduce the value of your case, but they will often identify damages you overlooked and use proven negotiation tactics to pursue a fair settlement agreement.
Discuss Your Texas Truck Accident Injuries With Us for Free
At Loncar Lyon Jenkins, we provide free initial consultations for victims hurt in Texas truck accidents and their families. We can review your case facts and offer guidance about your next steps. You do not have to handle your insurance claim or consider a lawsuit on your own. Our personal injury attorneys are here to help you.
Contact us today using our online contact form or call our team. In-person or virtual consultations are available.
