Understanding the statute of limitations in Texas after a truck accident is crucial if you are going to make a claim. This article will guide you through the legal framework of the statute of limitations in Texas and the importance of acting promptly to preserve your legal rights.
What Is a Statute Of Limitations?
The statute of limitations is a legal timeframe within which a lawsuit must be filed. In Texas, this period is typically two years for personal injury lawsuits, including those arising from truck accidents.
For truck accidents in Texas, the statute of limitations is generally two years from the date of the accident. This means that legal action must be initiated within this timeframe.
Why is There a Statute Of Limitations in Texas?
Statutes of limitations are in place to ensure timely resolution of disputes and to preserve the integrity of evidence. They also protect defendants from outdated claims where evidence may no longer be reliable.
Exceptions To The Rule
The statute of limitations has exceptions that can affect the timeline for filing a legal claim. These exceptions can extend the typical two-year period, providing additional time for victims to pursue justice.
In the case of minors involved in truck accidents, the statute of limitations presents a unique provision. If the victim is under the age of 18 at the time of the accident, the two-year countdown to file a lawsuit does not start immediately. Instead, this period begins on the day the minor turns 18. Texas has special procedures for handling the settlement when a minor is injured in an accident.
If a person is deemed to be of “unsound mind” at the time of the truck accident, the countdown for filing a lawsuit may be paused. This pause continues until the victim regains the capacity to make legal decisions.
Defendant Leaves The State
Another exception is where the at-fault party leaves the state. In such cases, the duration of their absence from Texas might not be counted against the two-year statute of limitations.
What Can You Sue for After a Truck Accident in Texas?
Victims of truck accidents often face a range of physical, emotional, and financial challenges. To address these challenges, it is advised to contact a truck accident attorney in Houston who can guide you through the legal process and help you understand the full scope of compensation you are entitled to.
- Medical Expenses. Victims can claim compensation for all medical-related expenses, including but not limited to hospitalization, surgeries, medications, physical therapy, and ongoing medical treatments.
- Lost Wages and Earnings. If your injuries have impacted your ability to work, either temporarily or permanently, you can claim compensation for lost wages.
- Pain and Suffering. Compensation for pain and suffering includes compensation for physical discomfort, mental anguish, loss of enjoyment of life, and other intangible losses.
- Wrongful Death Claims. In cases where a truck accident results in fatal injuries, the family of the deceased can file a wrongful death claim. These claims can include compensation for funeral and burial expenses, loss of the deceased person’s expected earnings, loss of companionship, and emotional distress suffered by the family members.
Why Consulting a Truck Accident Attorney is Crucial
When dealing with the aftermath of a truck accident in Texas, the expertise of a seasoned truck accident attorney becomes invaluable. These legal professionals play a crucial role in ensuring victims’ rights are protected, and compensation is maximized. Their involvement is vital for several reasons, including early investigation, understanding complex legal nuances, and effectively negotiating with insurance companies.
The statute of limitations for filing a truck accident lawsuit in Texas underscores the need for prompt action. Consulting a knowledgeable truck accident lawyer ensures your legal rights are protected.
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