In California, you have two years from the date of the incident to take legal action. If you wait too long to file a claim, you will lose your chance at recovering compensation for any losses or damages incurred.
We recommend that you carefully review the specifics of your case to ensure you’re taking the right steps to secure your claim. It would help if you considered what qualifies as a valid exception and how to ensure you don’t miss your window of opportunity. To learn more, schedule a free consultation today to talk to a Glendale truck accident lawyer.
Understanding Truck Accident Claims in California
When you’re involved in a truck accident, it’s vital to grasp the nuances of filing a claim to ensure you receive the compensation you deserve. It’s imperative to understand the common causes of truck accidents. These can include:
- Driver fatigue
- Reckless driving
- Inadequate vehicle maintenance
- Overloaded or improperly secured cargo
- Improper driver training
When a truck accident does occur, it’s indispensable to take immediate action to protect your rights. This includes seeking medical attention, documenting the accident scene, and reporting the incident to the authorities. Remember that the clock is ticking, so contact our Glendale personal injury lawyers today.
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Truck Accident Statute of Limitations in California
According to the California Code, you have two years from the date of the accident to file a personal injury lawsuit. If you fail to file your claim within these two years, you may be barred from pursuing compensation for your injuries.
It’s essential to note that the clock starts ticking on the date of the accident, not when you discover your injuries. If you’re involved in a truck accident, it’s crucial to consult with a Glendale truck accident attorney as soon as possible to ensure you meet the filing deadline.
Don’t risk losing your right to compensation by missing the statute of limitations. If you’re unsure about the deadline or have questions about the process, consult with a qualified attorney who can guide you through the complexities of California’s tort law.
What Are Some Exceptions to Filing Deadlines?
After a truck accident, you should be aware that there are exceptions to California’s standard two-year statute of limitations for filing a personal injury claim. While the general rule is that you have two years from the date of the accident to file a claim, there are situations where this timeframe may be extended or tolled.
Delayed Discovery Rule
One such exception is the delayed discovery rule. This rule applies when you don’t discover your injury until after the standard two-year period has expired.
If you can show that you didn’t discover your injury within the standard timeframe, you can file a claim even if it’s been more than two years since the accident.
Equitable Estoppel
Another exception is equitable estoppel. This doctrine applies when the defendant’s actions or representations led you to believe that you didn’t need to file a claim within the standard timeframe.
For example, if the defendant led you to believe that they would settle with you, and you relied on that representation, you may be able to file a claim even if the standard two-year period has expired.
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What Happens If You Fail to File Within the Statute of Limitations?
In California, if you fail to file a truck accident claim within the statute of limitations, you risk losing your right to seek legal redress for your injuries and damages. Here’s what happens if you miss this deadline:
- Loss of legal rights: Once the statute of limitations period expires, you are generally barred from pursuing a claim in court. This means you cannot obtain a legal remedy or compensation for your injuries, damages, or losses through the judicial system.
- Dismissal of the case: If you file a lawsuit after the statute of limitations has expired, the defendant can request the court to dismiss the case. Courts typically uphold these requests, resulting in your claim being dismissed without consideration of its merits.
- Challenges in settlement negotiations: Even if you are in negotiations with the insurance company or other parties before the deadline passes, the looming expiration can impact your leverage. Insurance companies may be less inclined to settle favorably if they know the statute of limitations is close to running out.
- Preservation of evidence: The longer you wait to file, the more challenging it can be to gather and preserve evidence. Witnesses may become harder to locate, memories may fade, and physical evidence may deteriorate, weakening your case.
To protect your rights, it is crucial to consult with an attorney as soon as possible after a truck accident. They can help you understand the applicable statute of limitations, ensure that all necessary paperwork is filed on time, and guide you through the legal process to maximize your chances of a successful outcome.
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Contact Babaians Law Firm to Learn More About Filing Your Truck Accident Case
It can be overwhelming when you or a loved one has been involved in a truck accident. In that case, Babaians Law Firm advises you to prioritize filing a truck accident claim as soon as possible, as timely action is crucial in securing the compensation you deserve.
Truck accidents often involve insurance policies with coverage limits in the millions of dollars, which can significantly impact the compensation you may receive.
If you need guidance on the process, our Glendale truck accident lawyers are here to help you with your claim for compensation. Please contact us today for your free consultation.
