The true impact of a truck accident on California drivers is too vast to put into words. There are physical injuries and mental scars to process, and the financial demands that come with healing and repairing material possessions as well. All of this means you are likely to file an insurance claim or even a personal injury lawsuit. To do this, you must observe the official deadlines and legal guidance. Karns & Karns Truck Accident Attorneys are here to explain more.
Key Term: Statute of Limitations
You may have heard of the statute of limitations. This is a legal term used to determine how long plaintiffs have before the time for them to file an insurance claim or lawsuit expires. If you file before the time runs out, your case will proceed as normal even if it takes a long time to resolve. If you file after the statute of limitations runs out, you won’t be able to move forward in the eyes of the law.
What Is The Timeline in California?
Your personal injury law firm is here to tell you that in California, there is an acceptable wait period of two years before you can no longer file a claim. However, what you might not know is that this clock starts ticking from the moment you become injured. So while two years might sound like a long time, if you factor in things like time in the hospital, recovery periods, and mental anguish, it soon goes quickly. There are no exceptions to this rule. Therefore, regardless of the extent of your injuries, there are limited ways around missing the deadline.
When Can It Be Extended?
There are only a handful of circumstances that will merit an extension on the statute of limitations in California. Your truck accident lawyer will work with you to determine whether your case qualifies for any of the following criteria.
A Minor Is Involved
If the plaintiff was under the age of 18 at the time of the accident, there may be room for negotiation in terms of timelines. The case could be extended until they are a legal adult, or deemed responsible enough to move ahead.
Mental Incapacity
When a truck accident causes a significant amount of mental anguish or injury to the brain, the statute of limitations might have grounds for extension in some cases. However, this will require specific evidence to prove and has to go through a lengthy approval process too.
Wrongful Deaths
Should you sadly lose a loved one because of a truck collision, you will have the standard two years to file a claim. However, the slightly easier news to digest is that this starts from the time of their death and not the day of the accident. Sometimes, this is helpful when trying to order your thoughts through grief.
Truck Accidents Are Complex Matters
The biggest takeaway here is that truck accidents are never black and white cases. There are so many moving parts that it is hard to determine who is to blame upfront. This could mean there will be lengthy negotiations to uncover and all of this will add up to a long, drawn out legal process. Here’s what you need to know.
Multiple Liable Parties
There are lots of people that could be held accountable for a legal battle or insurance claim. This means, the sooner you get the ball rolling, the better it will be for you. You can spend a long time figuring out who to file against, but it will all be easier if you talk to a personal injury attorney on our team. We will put your claim together in less time thanks to our experience and insight into this legal area. Who could be to blame?
The Driver
Just like any other driver on the road, truck operators are vulnerable to tiredness and distractions. There are a number of things that could go wrong and it is things like alcohol intake, driving logs, and mobile phone use that will be scrutinized by each side of the claim process.
The Fleet or Owner
When a truck is working as a part of a fleet, the company may also assume some level of liability in the legal matter. Ultimately, they hold the biggest responsibility of all to ensure that all of their vehicles are roadworthy and fit for purpose. If they fail to do so, they could face charges or have to pay out to the victims.
Manufacturers
Sometimes, a manufacturer can play a role as well. Our team will work out whether there were any manufacturing concerns and determine if this is a relevant factor for your case.
Why Our Input Matters
Alongside navigating the complications of the statute of limitations in California, truck accident claims have twists and turns at every bend. Our input can and will mean the difference between you losing a case and winning one. This type of support is crucial at such a vulnerable moment, and it will help you to stay grounded as you navigate the road ahead.
Controlled Communication
There will be a lot of communication in your direction from insurance companies, and even attorneys in some cases. Staying on top of this and knowing how to respond appropriately does not come naturally. There are certain things you cannot say because you would compromise your integrity and other pieces of knowledge that will help you control the narrative. We will provide counsel on all of these matters and ensure you don’t miss out on compensation because of inexperience.
Invaluable Support
If there was ever a time in life when you needed an influx of support, it is a situation like this. Truck accidents are significant things, to say the least. They change everything and can leave you feeling helpless, hopeless, and isolated. This will never be a problem with us by your side.
If you are involved in a truck accident, don’t delay making contact with Karns & Karns Truck Accident Attorneys. You only have a limited amount of time to file a claim, regardless of whether that is through insurance or for a personal injury. We can help you get things right.
