The time period, known as the statute of limitations, for filing a truck accident lawsuit in California depends on who owns the truck. That is why contacting an attorney as soon as possible is crucial. If the truck belongs to a government agency, such as a city garbage or dump truck, the statute of limitations is very short. Once the statute of limitations has passed, a court will no longer accept the claim– with rare exceptions.
At Salamati Law, a personal injury attorney will ensure your truck accident lawsuit is filed within the statute of limitations if you contact them before the deadline. We fight, so you receive the maximum compensation for your injuries.
Statute of Limitations
In California, the statute of limitations for filing a personal injury lawsuit is two years from the date of the injury. If a person dies, their family has two years from the death date to file a wrongful death lawsuit. Unfortunately, truck accidents often cause severe injuries resulting in fatalities.
If the victim was a minor at the time of the accident, they have two years from the date they turned 18, in which to file a lawsuit. Another exception involves those who did not realize they were injured until the statute of limitations had passed. They have two years from the date they discovered their injury to file a lawsuit. Although possible, this situation seldom occurs with a truck accident.
Finally, time is of the essence when it comes to seeking legal help. Crucial evidence, such as surveillance video, may disappear if you wait too long to obtain a lawyer. It is also common for more than one party to hold liability for a truck accident. For example, it may include the public entity holding jurisdiction over the roadway if poor design or dangerous conditions contributed to the crash.
When you are involved in a truck or car accident with a vehicle registered to a government agency, another timetable is in effect. Government agencies, whether municipal, county, state, or federal, fall under a different set of rules.
For example, say the accident involved a truck belonging to the Los Angeles Department of Power and Water. The notice of claim for the collision requires filing with six months of the accident. Failing to file within this period means your claim cannot go forward.
The government agency has 45 days from the claim filing to conduct an investigation. If the claim is denied, you have six months from the date of the claim rejection letter to file a personal injury lawsuit.
Truck Accident Damages
Truck accident injuries are frequently catastrophic. They may involve trauma to the brain, spine, or spinal cord, leading to permanent or long-term disability. Other serious injuries include broken bones, burns, and loss of limbs.
Compensation, or damages, for truck accident victims may include:
- Medical expenses, current, and future
- Rehabilitation costs
- Lost wages
- Loss of future earnings
- Cost of special equipment and home or car modifications
- Property damage
Damages are determined by various factors, especially the severity of injuries. Other considerations include the victim’s age and health status before the accident, life expectancy, earning capacity, and ability to work in the future.
Truck accident lawyers in Los Angeles know the fair value of their client’s claims. Most personal injury claims are settled, but we will go to trial if the insurance company refuses to settle for a reasonable sum.
Contact our team of Los Angeles Truck Accident Lawyers
If you or a loved one were seriously injured in an accident due to a negligent truck driver, you need the services of an experienced Los Angeles truck accident attorney at Salamati Law. Complete our online form or call or text 24/7 and schedule a free consultation. After reviewing your claim, we will advise you of your options. We work on a contingency basis, so you pay no attorney’s fees unless you receive compensation.