Victims who sustain injuries following a truck accident can file a lawsuit with the help of an attorney for their pain and suffering. After a truck accident, you’ll need adequate time to build your claim, gather evidence, and obtain compensation for your injuries. Here’s what truck accident victims need to know regarding the timeline for filing a claim or lawsuit.
Filing a Claim Versus Filing a Lawsuit After a Truck Accident
The initial step towards obtaining compensation following a truck accident is filing an insurance claim. Your attorney will establish the at-fault party and file an insurance claim with the responsible party’s insurance company afterward.
For instance, if the truck driver is fully responsible for the occurrence of the accident, your lawyer will help you file a solid claim with their car insurance company.
If more than one party is at fault for the accident, you can file claims with multiple insurance companies. Hire a seasoned attorney from a reliable trucking accident law firm to help you easily navigate the legal process. Victims can file a lawsuit if they fail to reach an agreement with the at-fault party’s insurance company.
The Statute of Limitations for Filing the Lawsuit
Most states require victims to file a lawsuit within two years from the date of the accident. Individuals who won’t file a lawsuit within the said period may not pursue further legal action for the aforesaid truck accident.
Make sure to contact a reliable truck accident attorney as soon as possible following the occurrence of the accident. The approach lets you gather evidence, investigate the accident details, fight for your compensation rights, and build a solid case.
When Does a Claim Progress to a Litigation?
The at-fault party’s insurance company can either deny your claim, send you a counteroffer, or accept your claim. Unfortunately, most insurance companies don’t accept the truck accident claim outright, as damages associated with these accidents are often high.
The insurance company responds to the victims’ demands with a ridiculously lowball settlement offer that may not cater to your damages. Work with a reliable truck accident attorney to help you negotiate a higher settlement on your behalf.
The settlement for most truck accident cases happens during negotiations if you have a competent and seasoned attorney. However, there are some instances where a settlement won’t happen, necessitating the filing of a lawsuit.
Why Should I Start My Truck Accident Case Now?
Two years may look like plenty of time, but it’s best to initiate your case immediately to minimize the possibility of missing out on the deadline. Victims require adequate time and a lot of work to craft a solid case with the help of an attorney within the given duration.
Gathering evidence while it’s fresh is crucial as many things can change, including memories of what happened. Victims require adequate time to:
- Obtain evidence following a truck accident, including a police report, witness statements, pictures, lost wages, and medical records.
- Secure the medical treatment you require and better understand future treatment costs.
- Hire a reliable attorney to handle the case on your behalf and craft a plan of action that improves the chances of winning the case.
Victims who sustain injuries after a truck accident should contact a seasoned truck accident attorney. A reliable lawyer helps you craft a strong case aside from advising you on the ideal time to file a lawsuit. It is recommended to hire a truck accident attorney who works on a contingency basis, as you only pay them if you win the money.
In conclusion, victims of truck accidents have a limited timeframe to file a lawsuit and seek compensation for their injuries and suffering. The process typically begins with filing an insurance claim, where the responsible party’s insurance company is notified and held accountable for the damages. However, if an agreement cannot be reached through the insurance claim, victims may need to proceed with a lawsuit.
The statute of limitations for filing a truck accident lawsuit is usually two years from the date of the accident. It is essential for victims to act promptly and engage a reliable truck accident attorney as soon as possible after the incident to gather evidence, investigate the details, and build a strong case within the given time frame.