Texas truck accident victims must understand impacts of a statute of limitations on their case.
Texas – March 31, 2021
Truck accidents often result in catastrophic injury and death, partly due to size discrepancies where a tractor trailer truck may weigh an average of 40 tons, which is much heavier than a passenger vehicle, and the height and length of a semi-tractor trailer can overtake the size of a car. Truck accident attorneys in Texas can assist with catastrophic personal injury, and wrongful death legal claims after an accident, but they must be filed with the appropriate court within the timeframe governed by the state, or federal government, called the statute of limitations. Because devastating injuries, as well as fatalities will cause lengthy emotional, physical, and financial recovery, it is important to ascertain who may be responsible for a truck accident and hire legal counsel to act against a negligent driver, trucking company, or manufacturer in the proper timeframe. Extensive medical treatments, loss of work and re-training for individuals who can no longer work in their pre-accident vocation may leave a family in financial ruin without taking legal action to seek compensatory damages. Talk to a skilled accident attorney about time-sensitive filing actions.
Failure to file by deadline.
Truck accident victims who fail to file a complaint within the state, or federal designated timeline risk case dismissal, and the inability to pursue damage compensation. It is important for truck accident victims to speak with an accident attorney shortly after the mishap so that lawyers have the right amount of time to file a claim and build a winning case, or seek a comprehensive pre-trial settlement.
Texas statute of limitations.
The statute of limitations, or time a person has to file a claim against another party is two years in Texas, with specific inclusions regarding wrongful death, medical malpractice and claims against government entities. Texas statute of limitations for personal injury and wrongful death actions is two years from the time the injury, or death occurred. There is also a 180 day period to file a notice against a government entity regarding tort claims.
Federal statute of limitations.
Truck accident cases may be filled in federal court depending on case-specific facts involving parties from different states known as diversity jurisdiction, or because a trucking company has more than one address in different states. The statute of limitations may be longer for personal injury cases filed in federal court. A truck accident attorney can apprise victims of the specific timelines regarding their case.
Rights after statute of limitations.
The Statute of Limitations allows for the court system to proceed in an orderly fashion. Collecting evidence, deposing witnesses, and filing claims would be quite difficult if there were no time restraints on lawsuits, so the statute of limitations sets a fixed time period for completing certain legal claims. There are situations where a tolling agreement will allow for pauses, delays, or suspensions of an initial time period to move ahead with personal injury legal actions. This provision extends rights past the normal statute of limitations time period, but has other conditions that may impact outcomes.
Consult with a Texas attorney.
Experienced Texas attorneys at the Cooper Law Firm can file a legal action for personal injury claims and wrongful death losses, as well as survivor’s insurance benefits related to truck accident harmful losses. An injury attorney is best suited to build a case utilizing complex trucking industry laws by addressing specific timelines, or statutes of limitations to file an action for recovery.
Cooper Law Firm
Mailing Address: P.O. Box 2222
Longview, TX 75606
Physical Address: 501 N Third St,
Longview, TX 75601
Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035