How Long to File a Truck Accident Claim?
Texas has more truck accidents every year than any other state in the country. These accidents result in thousands of serious injuries and tragically, hundreds of deaths. If another negligent party, such as a truck driver or trucking company, caused your accident, you can file a claim against them. It is important to know, however, that you only have a certain amount of time to file your claim. For this reason, it is critical to speak to a San Antonio 18-wheeler accident lawyer as soon as possible.
How Long Do You Have to File a Truck Accident Claim?
The time limit for filing a truck accident claim is known as the statute of limitations. Generally speaking, the statute of limitations in Texas is two years from the date of the crash. If you do not file your claim within this time, you will likely be barred from obtaining any compensation at all.
Two years may sound like a lot of time, but it is not. Before you file a claim, a full investigation into the accident must be conducted. You must also collect evidence, and understand the full nature and severity of your injuries. All of this takes time and so, it is important to speak to a San Antonio 18-wheeler accident lawyer as soon as possible and preferably within the first 24-hours of being involved in a crash.
Exceptions to the Statute of Limitations
The law regarding the statute of limitations is very strict, but there are still some exceptions to it. These are as follows:
- Minority: Minor children are not considered to have the mental capacity to file a lawsuit on their own. As such, when a child under the age of 18 years old is involved in a crash, the statute of limitations can be extended to two years after their 18th birthday.
- Mental incapacity: Like children, people who suffer from mental incapacity cannot file a lawsuit on their own. For example, an accident victim may be over the age of majority but may suffer from a mental impairment that deems them incapable of filing a lawsuit. In these cases, the statute of limitations can be tolled until two years from the date the victim regains mental capacity.
If your case involves an exception to the statute of limitations, you must prove why you need an extension. This is not always easy, so it is important to work with an experienced lawyer and it is prudent not to rely upon an exception.
Our 18-Wheeler Accident Lawyer in San Antonio Can File Your Case On Time
The statute of limitations is one of the most important laws that will affect your truck accident claim. At the Law Office of Israel Garcia, our San Antonio 18-wheeler accident lawyer can review the facts of your case and make sure your claim is filed on time, so you have the opportunity to obtain a settlement for the maximum amount you are entitled to under the law. Call or text us now at 210-LAW-9999 or chat with us online to request a free consultation.
Source:
statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm
