Exceptions To The Statute Of Limitations In Truck Accident Claims
There are many important laws that will apply to your truck accident case if you have been hurt and are pursuing damages from the negligent party who caused the crash. You only have the legal right to pursue damages if you file your claim within the statute of limitations, or time limit. Below, our San Antonio truck accident lawyer explains the statute of limitations, the exceptions under the law, and why it is important to file your claim in a timely manner.
Understanding the Time Limit on Truck Accident Claims
In Texas, you have only two years from the date of the crash to file a truck accident claim. If you do not file your claim within this time, you will not have any legal right to claim any compensation at all. Tragically, truck accidents are often so serious that accident victims do not survive them. In these instances, loved ones have two years from the date of the death, not the date of the crash, to file their claim.
Exceptions to the Statute of Limitations
Although the law regarding the statute of limitations is very strict, there are some exceptions to it. These are as follows:
- The discovery rule: One of the most common exceptions to the statute of limitations is the discovery rule. Under this exception, accident victims have two years from the date they discovered their injuries if they did not show symptoms right away. However, it is prudent not to rely on this exception and to file the lawsuit within two years of the date of the truck crash.
- Victim was a minor: When a minor child is injured in a crash, they are not considered to have the mental capacity to file a claim on their own. The parents of a minor child can file a claim on their behalf but if they do not, the child has two years from their 18th birthday to file a claim on their own.
- Lack of mental capacity: If a person is not a minor but otherwise does not have the capacity to file a claim on their own, such as if they suffer from a mental illness the statute of limitations is tolled, or delayed, to two years from the date the individual gains the mental capacity to file on their own.
- Fraud: If the individual who caused the accident commits fraud and tries to conceal pertinent information, the statute of limitations can be tolled until the accident victim discovers, or should have discovered, the fraud.
Call Our Truck Accident Lawyer in San Antonio Today
Regardless of the statute of limitations that applies to your case, it is critical to speak to a San Antonio truck accident lawyer right away. Important evidence can go missing and your memories, as well as those of eyewitnesses, can fade over time. At the Law Office of Israel Garcia, our experienced attorney will make sure your claim is filed on time and that nothing jeopardizes your right to claim the maximum compensation you are entitled to. Call us now at 210-LAW-9999 or contact us online to schedule a free consultation and to obtain the legal advice you need.
Source:
statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
