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Can a truck accident victim file a lawsuit for damages in Texas if it has more than a year after their crash?

Can a truck accident victim file a lawsuit for damages in Texas if it has more than a year after their crash?

April 6, 2021/0 Comments/in Legal News /by jennifer

McAllen, TX—While some accident victims might assume that if they want to take legal action against the party who caused their collision, they must do so directly after the incident, this isn’t entirely true. Although it is a good idea to initiate a case early on while the evidence is still fresh and it is clear the injuries suffered were caused by the accident, truck accident victims actually have two years to file a lawsuit.

According to Texas Civil Practice and Remedies Code § 16.003, individuals who were involved in an accident with a truck that wasn’t their fault are given two years from the date of their collision to seek compensation from the party who was liable for causing it. This timeframe an individual has is referred to as the statute of limitations. Once the statute of limitations expires, there is a good chance the individual will lose their right to sue.

If an individual was involved in a truck collision in McAllen, TX a few months or even a year ago and they are looking to recover compensation for the injuries they suffered, they can contact a McAllen truck accident lawyer who can determine if they have a viable case.

 

Why does it benefit to start a case early on after a truck accident in Texas?

 

Truck accident victims are always encouraged to contact a McAllen truck accident attorney as soon after their accident as possible for the following reasons:

 

  • They need time to determine why the accident occurred and if the trucker is liable for paying the victim for the injuries they suffered. Oftentimes, this entails a truck accident attorney having to conduct an investigation and even hire certain experts such as an accident reconstructionist and/or a medical professional

 

  • When a truck accident victim waits months or even a year to come forward with their lawsuit, the other party might claim the injuries they say they sustained in the accident were actually caused by something else. Of course, a truck accident lawyer in McAllen, TX can help a victim gather evidence that shows the wreck is what caused their injuries.

 

Now, although it generally does benefit a victim to come forward with their lawsuit earlier than later, that doesn’t mean they lose their right to compensation if they wait a year to file their lawsuit. If their case is against a private party and not a government entity, then there is a good chance they can still file suit.

 

A McAllen, TX Truck Accident Lawyer Can Determine if a Victim Has the Grounds to Sue

 

If an individual would like to find out if they have a case and whether they still have time to file their personal injury lawsuit, they can contact USAttorneys.com to get connected with a lawyer in their city. USAttorneys.com works with some of the best truck accident lawyers in the State of Texas and would be happy to get an individual connected with one who is eager to help them.

https://onlinelawyernetwork.com/wp-content/uploads/2021/04/iStock-534216678.jpg 836 1254 jennifer https://onlinelawyernetwork.com/wp-content/uploads/2020/08/logo.png jennifer2021-04-06 17:40:042021-04-06 17:40:04Can a truck accident victim file a lawsuit for damages in Texas if it has more than a year after their crash?
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San Antonio, Texas, Common Types of Shoulder Injuries Suffered in a Car Accident

December 22, 2020/0 Comments/in Legal News /by jennifer

Although seat belts are used to reduce the chances of a driver suffering a serious injury in the event of an accident, they can’t always prevent them from happening. A common area of the body that tends to suffer from the impact of a crash is the shoulders. Depending on the type of accident and how serious it is, a driver or their passengers could suffer any of the following types of shoulder injuries:

 

  • Pinched nerves. A nerve can become pinched when “too much pressure is applied to a nerve by surrounding tissues, such as bones, cartilage, muscle, or tendons,” according to the Mayo Clinic. This pressure interferes with the nerve’s ability to function properly which can lead to a person experiencing “pain, tingling, numbness, or weakness” in one or more areas of their body. If an individual pinches a nerve in their neck, it can cause the pain to radiate down into their shoulders.

 

  • Dislocated shoulder. A shoulder can become dislocated when the “upper arm bone pops out of the cup-shaped socket that’s a part of [the] shoulder blade” [Source: Mayo Clinic]. Although many dislocated shoulder injuries can be healed with prompt medical treatment, there are times when complications can arise some of which might include:
    • A muscle, ligament, or tendon might tear.
    • A person could experience “nerve or blood vessel damage in or around [their] shoulder joint.”
    • Shoulder instability.

 

  • Torn rotator cuff. The shoulder is comprised of three bones which include the upper arm, the shoulder blade, and the collarbone, according to the American Academy of Orthopaedic Surgeons. The rotator cuff is what keeps the arm in the shoulder socket and helps with the arm’s ability to rotate. If one or more of the tendons that are located in the rotator cuff tear, it can cause the shoulder to weaken and an individual may experience varying levels of pain.

 

How to recover compensation for a shoulder injury that was sustained in an auto accident in San Antonio?

 

Injuries that are suffered in a car accident in San Antonio are generally covered by the insurance company of the at-fault driver. This means if another driver was responsible for causing the accident, a claim would need to be filed with their insurance company. In the event they are underinsured or uninsured, a driver may either be able to file a claim with their own carrier or they may opt to file a personal injury lawsuit against the initiator of the accident.

If an individual is having difficulty recovering the compensation they need for the injuries they suffered in a car accident, they can contact The Texas Law Giant to speak with a reputable San Antonio, TX car accident attorney. An attorney can use certain details from the incident to determine what course of action would be best for a victim to take to recover any compensation they may be entitled to.

 

The Texas Law Giant can be reached at:

 

5826 W Interstate 10 Ste 102

San Antonio, TX 78201-2852

Phone: (210) 944-4103

Website: www.texaslegalgroup.com

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