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If you’ve been hurt in a Texas truck accident, you might have grounds to file a claim to seek compensation for medical bills and other losses.
The statute of limitations in Texas requires you to file a truck accident lawsuit within two years of the date of your crash. You will not be able to pursue compensation if you miss the deadline. Avoid this by meeting with a Texas truck accident lawyer to discuss your case as soon as possible.
Is the Time Period the Same for Filing a Claim and a Lawsuit?
A claim and a lawsuit aren’t the same. If you were hurt in a Texas truck accident because a truck driver was negligent, either the truck driver or the trucking company might be liable. You could file a claim with the trucking company’s insurance company. A claim is a formal request for compensation.
The trucking company may offer an out-of-court settlement. If the trucking company doesn’t offer a fair settlement, you can file a truck accident lawsuit. Unlike a claim, a lawsuit’s ultimate purpose is to bring your case to trial. Filing a lawsuit puts pressure on the insurer to settle before the trial begins to avoid costly court proceedings.
The deadline for filing a truck accident claim will depend on the insurance policies involved. However, you typically can’t recover compensation when you miss the statute of limitations deadline. Even if you technically have the right to file a claim, an insurance company has no reason to offer a settlement without the threat of a lawsuit. The insurer knows you can’t file a lawsuit if they don’t cooperate. That’s why filing your lawsuit before the two-year deadline passes is vital.
Are There Exceptions to the Two-Year Time Limit?
Under Texas law, the statute of limitations clock may not begin running if a victim has a legal disability at the time of the crash. In this context, that either means:
- The victim is under the age of 18, or
- The victim is of “unsound mind.”
For example, perhaps you’re hurt in a truck accident when you’re 17. The two-year statute of limitations countdown wouldn’t begin until you turn 18.
Technically, a victim also has two years from the time they discovered their injuries to file a lawsuit in Texas. That means you might have more time to file a claim if you weren’t aware of your injuries right away after a crash.
You should discuss your case with a lawyer even if you’ve missed the filing deadline. This might be a rare instance in which an exception applies. However, there are also circumstances that could drastically limit your time to act. Your best course of action if you plan to file a truck accident lawsuit is not to wait.
What Is the Time Period If the Accident Involved a Government Vehicle?
The Texas truck accident statute of limitations isn’t the only law that could set a deadline for filing your claim. Additional deadlines may apply if your collision involved a state government vehicle.
According to Texas law, you must notify the relevant government agency of any claims against it after a wreck. The law requires you to provide this notice no later than six months after a collision.
The notice should include information such as:
- The nature of the damage and your truck accident injuries
- The date of the crash
- The location of the crash
- A description of the incident
Six months could pass fast as you adjust to life after a wreck. Avoid jeopardizing your case by preparing your truck accident claim as soon as possible.
What If Someone Died in the Accident?
In some states, the statute of limitations for wrongful death cases is different from the personal injury statute of limitations. Victims may have additional time to file wrongful death lawsuits in those states if their loved ones died in their wrecks.
Texas is not that type of state. In Texas, you only have two years from the date of the accident to file a lawsuit against the party at fault for causing your loved one’s death.
What Are the Steps in Filing a Truck Accident Claim?
The truck accident claim process may vary somewhat depending on the details of a case. However, it typically involves these steps:
- Investigating the collision – Investigating a crash serves two purposes. First, your lawyer will identify all liable parties. Second, they’ll gather evidence of negligence. If you were to submit a claim without supporting evidence, the insurance company might deny it.
- Calculating losses – Your truck accident injuries could require costly medical treatment. They may also result in lost wages if they prevent you from working. Along with these economic losses, you might struggle with non-economic losses such as pain and suffering. Your lawyer will know how to account for all present and future losses when valuing your claim.
- Requesting compensation – The next step involves sending a demand letter to the negligent party’s insurer. The demand letter may include a request for a certain amount of money, evidence of negligence, documentation of your medical bills, and other information.
- Negotiating with the insurance company – The insurance adjuster may respond to your demand letter by making an unfair offer. If the offer is too low, negotiations should follow.
Filing an accident claim can take a lot of time and energy. However, you don’t have to handle these tasks on your own. Hire a Texas truck accident attorney to represent you instead. They can manage the legal details so you can focus on your recovery.
Contact a Texas Truck Accident Lawyer
Recovering from truck accident injuries can be a long process. You don’t need to further complicate your life at this time by seeking compensation on your own.
Our team of Texas truck accident lawyers at The Wilhite Law Firm can offer the help you need. Since 1977, we’ve proudly provided dedicated representation to clients just like you. Learn more by contacting us today for a free case review.
