After being involved in a truck accident, the last thing on your mind is how quickly you need to move to file a truck accident lawsuit. While your primary goal should be on recovery, you also need to keep your state’s statute of limitations in mind. If you wait too long to file, you may lose your right to seek compensation for the negligent acts of a truck driver or trucking company. Talk to an experienced truck accident lawyer at Regan Zambri Long to understand the relevant statute of limitations for your personal injury claim. Learn more about the statute of limitations for truck accident cases below.
To file a personal injury lawsuit, more specifically, a truck accident lawsuit, in Washington, DC, you have three years to file from the date of the accident. If the accident ended in death, the decedent’s family has up to two years from the date of death to file a wrongful death claim.
The statute of limitations for a personal injury filing in Maryland is also three years.
However, in Virginia, the statute of limitations is two years from the date of the truck accident for personal injuries, five years for property damage, and two years from the date of the victim’s death if the person died due to injuries from the accident.
Why does the statute of limitations matter for truck accident lawsuits?
Though most states have two and three-year statutes of limitations for personal injury filings, sometimes those time frames have specific limitations when it comes to motor vehicle accidents. Having a personal injury attorney with experience in truck accident lawsuits who can help you navigate these deadlines will give you peace of mind as well as ensure you do not risk missing your opportunity to file a lawsuit.
The important caveat to understand is that the statute of limitations in your state may not be all-encompassing of your claim.
For example, if you are suing for the damage done to your vehicle, that may fall under a different statute whereas injury or wrongful death may be another.
The following are the statute of limitations for personal injury, damage to property, and wrongful death.
Remember, you may have a multilayered case involving multiple components of civil law in your state. Because of this, you need to work with a lawyer to look at all of the facts of your case and come up with a well-organized plan.
Though you may see a statute of limitations of years for your truck accident case, know that it takes time to find a trusted lawyer and build your case. It’s not enough to say you are filing a lawsuit; you need to determine accident liability, negotiate between insurance companies and then, file the suit.
When you move promptly after the truck accident to find a lawyer, your representation will be better equipped to fight on your behalf for compensation covering:
Time moves quickly, which is why it’s imperative to find a Washington, DC truck accident lawyer right away to help you understand the statute of limitations for your state and your case. Regan Zambri Long can help.
After understanding the statute of limitations for a truck accident lawsuit, you need to have a trusted attorney on your side to prove liability in your truck accident case.
To prove negligence in a truck accident lawsuit, the following elements of negligence must be proven:
In the case of wrongful death, the same elements of negligence must be proved, but to the deceased’s family.
For example, in the event of a commercial truck accident, the following events may show negligence that leads to the truck accident:
Proving that negligence occurred can be difficult, but often can be proven via police reports, eyewitness testimony, surveillance footage or dashcam footage if available, photos of the accident, black box data, time stamps of loading/unloading, etc.
The next step is proving causation–that the injuries and damages sustained were actually because of the accident. To prove causation in a truck accident lawsuit, you’ll need to pull from your medical records, medical bills, photos of your injuries and the property damage, testimony of medical professionals, and police reports.
Once you have proven liability by establishing negligence and causation in your truck accident lawsuit, you’ll be able to collect damages. So long as you have followed your state’s statute of limitations, you may be able to collect damages for the following:
Again, to recover these damages, you and your legal team will need to pull from all available evidence utilized in the negligence and causation stages. The more you can provide during negotiations or trial, the better your settlement or verdict will be.
Know that no truck accident lawyer can guarantee you a certain outcome or a set verdict or settlement amount. But an experienced personal injury lawyer will do everything in their power to ensure a successful truck accident lawsuit.
If you or a loved one have been injured in a truck accident in Washington, DC, Maryland, or Virginia, the time is now to contact Regan Zambri Long. Our personal injury lawyers have recovered millions of dollars for our clients and we want to do the same for you.
Be protected from start to finish, and have peace of mind knowing the sooner you contact us, the sooner we can secure the maximum compensation you need to pay for injury-related expenses. Time is of the essence–let us help you.
Schedule your free consultation by calling Regan Zambri Long at (202) 960-4746 today.