Many victims of truck accidents in Moreno Valley have a lot on their plate after a crash, such as healing from injuries, gathering evidence at the accident scene (including getting a police report), repairing or replacing a damaged vehicle, and battling the insurance companies. Filing a personal injury claim may not be a priority for you and, in the process, fall through the cracks. However, it is crucial to take prompt action after an accident, especially with truck accident claims since they can be complex.
If you were injured in a semi-truck crash caused by a negligent truck driver, you only have a certain amount of time to pursue legal action against the at-fault party for your injury. Know that the trucking company and their insurance company will also be working on ways to either deny responsibility or offer the lowest settlement offer they can. The sooner you start working on your truck accident injury case, the better. You’ll need enough time to build your claim and recover compensation for your damages.
Here are a few things you need to know about filing a truck accident claim in Moreno Valley.
How Long Do You Have to File a Truck Accident Claim?
In the state of California, the statute of limitations to file a truck accident lawsuit is two years after the date of the accident. It’s important to note that this statute of limitations only applies to truck accident lawsuits that you file after a trucking accident and not after filing a claim with your insurance company. So, you’ll want to file before the deadline is missed.
Some insurance adjusters may drag out the claim process so that you do not file in time. The hope is that victims will be unaware of California’s statute. Insurance companies are strategic and sometimes deceptive. Therefore, make sure you are aware of all due dates if you are considering filing a truck accident claim.
Also, if it took you a few months to realize you sustained an injury as the result of the truck accident, you will still be limited in the amount of time you have to file a claim with the court. Regardless of the merit, your truck accident injury claim has, you’ll lose your right to go after the at-fault party for the maximum compensation if you didn’t file your claim within the statute of limitations.
When Can You File a Claim Outside the Statute of Limitations
If you fail to file a truck accident claim before the deadline, there are exceptions where it is possible to extend the statute of limitations in California. However, it is rare and recommended to consult with a personal injury lawyer to be sure.
One of the few circumstances that may allow you to extend filing deadlines is if you are incapacitated as a result of the truck accident, and you don’t have the ability to file a claim.
However, you’ll be required to provide proof of incapacitation. For more information about other exceptions that may apply to your truck accident case, you may want to seek advice from a reputable truck accident injury lawyer in Moreno Valley.
Wrongful Death Claims after Truck Accidents in Moreno Valley
If you lost a loved one in a truck accident in California, you have up to two years starting from the date of the person’s death to file a wrongful death claim. Keep in mind that the statute of limitations doesn’t necessarily start on the date of the truck accident. Sadly, some victims of truck accidents pass away at a later date due to the injuries sustained.
You’ll probably get pushback from the responsible party and their insurance company if your loved one passed away at a significantly later date following the truck accident. The at-fault party may try to claim that it wasn’t the injury sustained from the crash that led to their passing. This is why it’s important to have strong legal representation when taking on insurance companies. They will be your best resource and improve your chances of recovering financial compensation.
What Truck Accident Lawyers Do to Protect Your Legal Rights
Truck accident victims don’t always understand the importance of speaking with a truck accident lawyer right away. Most times, when they figure out that they have two years to take legal action against the at-fault party, they delay filing a legal claim, believing they still have plenty of time to do so. That is almost always a big mistake.
Experienced truck accident lawyers have one goal: to get their clients the maximum compensation they deserve as soon as possible. A fair and full settlement should account for accident injuries and losses suffered by victims. The amount of time and effort it takes varies from one truck accident case to another. So, it is always better to give your truck accident attorney as much time as possible to help you prepare a strong case and ensure the trails don’t get cold.
Contact the Truck Accident Lawyers at Empire Accident Attorneys
Delays in filing a claim after a commercial truck accident can cost you the chance to receive the maximum compensation you deserve. The sooner you contact an experienced and proven truck accident lawyer in Riverside CA, the faster your claim can get started and a lawsuit filed. At Empire Accident Attorneys, our lawyers have won legal cases involving truck accident injuries for years and have helped secure millions of dollars in verdicts and settlements for our clients. Contact us today to get started with a free consultation.
