How long you have to file a claim for a truck accident depends on where you live, the insurance company’s policies, and why you are filing the claim. Each state (and each insurer) has its own deadlines that accident survivors have to meet in order to collect compensation.
If you hire a Maryland truck accident lawyer in time, they can help you file your case and fight for a fair amount of compensation based on your financial losses and bodily injuries. You could use this money to support your family as you recover from the truck crash.
Filing Your Truck Accident Lawsuit Before the Statute of Limitations
A statute of limitations is a law that tells accident victims how long they have to bring a personal injury lawsuit against whoever did them harm. These statutes are governed by the individual states, so they differ based on:
- Your location
- The purpose of your legal action
- Who you are filing your case against
For example, if you were injured in a Maryland truck accident, you have three years from the accident date to file your lawsuit, according to Md. Cts. & Jud. Proc. Code § 5-101. After a Delaware truck accident, you have only two years to take legal action, per Del. Code tit. 10 § 8119.
How long you have to file an insurance claim for a truck accident may vary, but one fact is universally true: the earlier you contact a truck accident law firm, the more they may be able to do for you in terms of:
- Explaining your rights and responsibilities following a collision
- Collecting evidence that proves you deserve compensation
- Filing all of the paperwork necessary
- Negotiate with an insurance company
The insurers who represent trucking companies often have a team of defense attorneys at their disposal. Our personal injury attorneys can handle communications with them and seek a fair settlement. We can also explain the claims process along the way.
Filing a Wrongful Death Truck Accident Claim
In some states, including Maryland and Delaware, the statute of limitations is the same whether you are filing a personal injury case or a wrongful death case. In other states, one statute is shorter than the other.
Again, it is a good idea to get in touch with a truck accident attorney in your area to learn which laws apply to your situation.
Filing a Truck Accident Claim With Your Own Insurer
If you have a certain type of car insurance, you can potentially receive compensation from your own policy. The time limit for doing this varies from insurer to insurer. You can check with your insurance agent or your truck accident lawyer to find out what your policy says.
For legal consultation, call (410)777-8960
How to File a Truck Accident Case
A truck accident attorney can help you with the process of filing a case for damages. This involves:
- Investigating the crash to confirm the identity of the liable party
- Collecting enough evidence to prove that the liable party’s recklessness is the reason you were injured
- Calculating how much the liable party should pay you for your injuries
- Sending a demand letter to the liable party and/or their insurance company
The demand letter signals the true start of your case: it is the point at which you officially notify the at-fault party that you intend to make them pay for their carelessness.
A good demand letter should include:
- A detailed summary of the accident, including how the liable party’s actions contributed to it
- A listing of the injuries you suffered in the accident
- What you expect from the liable party (compensation, a timely response, etc.)
While you can find templates and examples of demand letters online, it is better to let a lawyer who is familiar with your case draft the letter for you. After investigating your case, they know about every aspect of your truck accident and can write a very detailed, specific, and convincing letter.
In addition, laws differ from state to state. Your attorney is well-versed in local laws—for instance, laws that cap how much compensation you can seek—and can make sure your letter complies with those laws.
Once You File a Truck Accident Claim
Once you start your case, it may take a while for it to work its way through the legal system. This is because:
- Your attorney needs time to gather evidence
- The insurance company may employ stalling tactics to try to reduce the amount they have to pay you
- The liable party may deny responsibility and try to show that you caused the accident yourself
Instead of going through this stressful process alone, you could hire a personal injury lawyer to handle the day-to-day aspects of your case. A law firm would allow you to make all of the important decisions in your case, but they would take care of everything else on your behalf, including:
- Investigating the truck accident and collecting evidence from as many different sources as possible
- Making sure everything gets done within the relevant deadlines, including those set by your state’s statute of limitations
- Getting and staying in touch with the other parties, sparing you from having direct contact with the party who hurt you
- Meeting with the insurance company to negotiate a settlement and then drawing up the agreement papers
- Taking your case to trial and representing you in the courtroom by submitting evidence, questioning witnesses, and giving opening and closing statements
With a truck accident attorney on the job, you would not have to worry about the statute of limitations or any other deadline. They would answer any questions you have and keep your case on track so that you could focus on:
- Receiving treatment for your injuries
- Spending time with loved ones
- Helping anyone else involved in the crash with their own recovery
- Coming up with a plan for what your life will be like once you have recovered as much as possible
Let Us File Your Truck Accident Claim
MD Accident Law can tell you how long you have to file a claim for a truck accident. We can also determine your case’s worth and fight for fair compensation. Call us at (410) 777-8960 to get a free consultation today. Adam M. Smallow never charges attorney’s fees unless we get compensation for the client.