Victims of Galveston truck accidents must file a claim within the statute of limitations. The Texas statute of limitations provides two years from the date of most personal injury cases to file a lawsuit. If you wait beyond this time limit, you lose your right to seek compensation, and the insurance company will not pay you. Our commercial vehicle accident lawyer in Galveston can work with you to secure justice for any injuries suffered in your wreck.
Specific Time Limitations Related to Your Galveston Truck Accident Lawsuit
In most types of personal injury cases, including truck accidents in Galveston, the victim must file a lawsuit within the statute of limitations. That is, under Texas Civil Practice and Remedies Code Section 16.003, two years from the date the accident occurred.
This rule is strict, and there are very few situations in which a person may request an exception to that timeline. As a result, victims should act quickly to gather evidence and build their claim.
Most situations begin with filing a claim to request a settlement from the at-fault party’s insurance company. That should occur after you know what all of your losses are, including any ongoing medical or financial implications you will have. Once you file the claim, the insurance company may deny the claim, negotiate a lower value, or ignore it. In those situations, it becomes necessary to file a lawsuit. That must be done within the statute of limitations.
Other Time Limitations for Galveston Truck Accident Lawsuits
There are some differences associated with claims. Your Galveston truck accident lawyer will help you navigate your options to determine when to act and how to do so to recover maximum compensation. Consider the following timeline requirements.
- Personal injury: As noted, if you suffered injuries from a truck accident, you have two years from the date of the injury to file a lawsuit.
- Property damage: If you suffered property damage to your vehicle or other assets, resulting from the accident, you have two years from the date of the accident to act.
- Wrongful death: If your family member lost their life in a truck accident, the family has two years from the date of the death to file a lawsuit for the losses incurred.
Adhering to these rules helps minimize the risk of delays and also preserves critical evidence vital to your case. Work with an attorney as soon as possible to seek compensation within the allowed amount of time.
Exceptions to These Timelines
There are some limited exceptions to the statute of limitations for Galveston truck accident lawsuits. In most situations, you will need to file within the two-year timeline. If the victim is under the age of 18 at the time of the accident, their timeline does not start until they reach the age of 18. They then have two years. Pausing the statute of limitations may also be necessary in situations where the defendant flees the state and cannot be served, or the victim is incapacitated for a period of time after the accident.
Working with an Attorney Makes All the Difference
The time limitations for a Galveston truck accident lawsuit can be confusing. With so much on the line, you need to hire a trusted local attorney to handle your case. Turn to The Doan Law Firm for a free consultation. Let us answer your questions and move your claim and lawsuit forward.