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What Is The Statute Of Limitations For Truck Accidents in Texas?

Limitations For Filing A Truck Accident Lawsuit

Knowing the statute of limitations in Texas after a truck accident is important if you want to make a claim. Houston 18-wheeler accident lawyer Greg Baumgartner 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 They also protect defendants from outdated claims where evidence may no longer be reliable​​.

Limitations For Filing A Truck Accident Lawsuit

Read More: Wrongful Death Statute of Limitations in Texas

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.

Minors

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.

Mental Incapacity

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.

In Texas, injury damages are divided into two groups. Economic damages and non-economic damages.

  • 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.

Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

(281) 587-1111

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Post under: Truck Accidents
Houston personal injury lawyers
Greg Baumgartner, Founder of Baumgartner Law Firm

Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.

Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.

His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.

With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.


Baumgartner Law Firm 6711 Cypress Creek Pkwy, Houston, TX, 77069 Call Us at: (281) 587-1111

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