Understanding the Statute of Limitations on Truck Crash Claims
Truck accidents can be extremely devastating, both physically and financially. When someone is injured in a truck crash, it's critical that they seek compensation for their losses as soon as possible. There is a deadline for filing a claim in many cases, so it's essential to understand how this works and how an experienced personal injury lawyer can help. Read on to learn more about the statute of limitations for truck accident claims in California.
Steps to Filing a Truck Accident Claim
In California, the statute of limitations for filing a personal injury claim is two years from the date of the accident, including truck accident claims. Missing the two-year deadline means that you will not be able to pursue compensation for your injuries. However, there are exceptional circumstances that can extend the deadline. Here are some exceptions to consider:
The Accident Involves a Public or Government Entity
Victims filing truck accident claims against public or government entities must file their case within six months of the incident. Filing a personal injury claim against the government has a specific protocol. First, you must file a special claim, known as an “administrative claim” before you can proceed with court filings. These types of claims can be tricky which is why it’s critical to seek the help of an experienced personal injury lawyer as soon as possible to ensure deadlines are not missed.
The Victim is a Minor
If the truck accident victim was a minor in the accident, they have until their 20th birthday to file a claim for personal injury damages.
The Victim is Deemed Mentally Incompetent
Additionally, if a person is deemed mentally incompetent for a significant period of time following an accident or is incapacitated due to the accident, they have two years from the time they are considered competent or have regained consciousness to file a claim.
It’s important to note that additional time for minors or incapacitated persons does NOT apply when a public entity is involved! For example. if a public entity is involved and the plaintiff is only 16, there are still only six months to file the claim.
Filing a truck crash claim is complex and has many nuances during the process. If you were injured in a truck accident, you must take legal action as quickly as possible for the best possible outcome. The assistance of an experienced personal injury lawyer can help ensure that your claim is filed within the required time frame and that you receive the compensation you deserve.
Tips For Filing a Truck Accident Claim
If you have been injured in a truck accident, filing a claim can be crucial in securing compensation for your injuries. When filing a truck accident claim, there are several vital tips that you should keep in mind. These include:
- Gather all relevant evidence relating to the accident as quickly as possible. This could consist of photos of the scene, medical records, and eyewitness statements.
- Be sure to file your claim within the applicable statute of limitations as mentioned above.
- Work with an experienced personal injury lawyer who has successfully handled truck accident claims in the past. This can help ensure that your claim is filed correctly and has the best possible chance of success.
- Be prepared to provide detailed information about how the accident has impacted your life, including any financial or emotional losses that you have incurred. This can strengthen your claim and help you achieve a more favorable outcome.
Common Truck Accident Claim Mistakes to Avoid
When working with your attorney on your claim, there are some things you should avoid. Circumventing these pitfalls can make all the difference in your case:
- Avoid posting about your accident on social media: Insurance companies are notorious for "stalking" truck accident claimants. They will look for any information about you to discredit your claim. Whether your account is private or not, certain public information can be used against you. While amid a truck accident case, it's best to stay off social media.
- Be cautious about what you say to the insurance company: It's critical to remember that the insurance company is not your friend. While you may have to speak to the insurance company at some point, it's critical to give them only basic information about your accident, such as:
- Time of the crash
- Date of the accident
- Parties involved in the accident
- Model/make of vehicles involved
- Avoid giving the insurance company too much information: Do not divulge any personal information such as where your work, your occupation, or the type of work that you do. All other questions should be directed to your lawyer.
- Beware of insurance companies offering you a quick settlement: Insurance companies are in the business to make money, so they may entice you to settle by offering you a settlement that "looks good," but in fact, it's most likely much lower than you deserve. Never agree to a settlement. Get your attorney involved to negotiate the best settlement possible on your behalf.
Injured in a Truck Accident? Caputo & Van Der Walde LLP is Ready to Help
When unsure about how to proceed with a truck accident claim, the team at Caputo & Van Der Walde LLP is here to help guide you through the process. We'll work tirelessly to ensure we make the process as stress-free as possible so you can focus on healing from your injuries.
When you've been injured in a truck accident, our experienced personal injury attorneys are on your side and ready to protect your rights. We'll review the facts of your case and help you pursue the compensation you deserve.
Call us at (800) 900-0863 or fill out this short form to schedule a consultation with a member of our legal team today.