Statute of Limitations in Truck Accidents
When you are hurt in an accident caused by others, you have the right to pursue those persons or entities for compensation for your injuries. However, the right to seek compensation does not last forever. The statute of limitations places strict time limits on your ability to hold parties accountable for causing a truck accident.
Ensuring that you meet the applicable statute of limitations is critical to a successful personal injury claim. Missing this deadline could make you lose all rights to pursue your case. As a result, you may want to contact a truck accident lawyer for legal guidance and advice as quickly as possible following a crash.
Defining the Statute of Limitations
All lawsuits are subject to a statute of limitations, or a deadline for people to file their lawsuits in court. The length of each statute of limitations depends on the type of legal claim involved. The time limit in personal injury cases also differs from one state to another. In most cases, the statute of limitations for the state in which the accident occurred applies to any claims arising from that accident.
Ohio Revised Code § 2305.10 establishes the statute of limitations for personal injury claims, including truck accidents. Under this code section, injury victims have a maximum of two years from the date of the crash to file their claims against all potentially liable parties. Victims who fail to file their claims in court within this timeframe may lose their right to seek any compensation from other parties.
As a result, heeding the statute of limitations is a crucial part of any personal injury claim. Although injury victims rarely think of contacting lawyers in the aftermath of devastating accidents, waiting too long to seek legal advice could be highly detrimental to their claims. Therefore, they may wish to consult an attorney in the community before the statute of limitations for truck accidents bars their right to obtain damages for their injuries.
Exceptions to the Deadline
Although injury victims generally have two years from the date of the accident to file their claims, the law also provides specific exceptions to the general statute of limitations in some cases. For example, if the injured party is a minor or someone of unsound mind, then Ohio Rev. Code § 2305.16 gives the party more time to file their lawsuits. This section gives injured minors two years from the date they turn 18 years old to file their claim.
Likewise, when the victims are considered to be of unsound mind, they have two years from the date on which they are declared no longer mentally incapacitated to file their claims. As a result, these exceptions often stretch well beyond the usual two-year statute of limitations.
Similarly, the statute of limitations for truck accident claims will be tolled or paused when injury victims cannot locate the potentially liable parties. If the persons who caused the truck accident at issue fled the scene or are incarcerated, Ohio Rev. Code § 2305.15 provides that the statute of limitations stops running until the defendant has been located or released from incarceration.
Contact an Attorney Before the Truck Accident Statute of Limitations Expires
Educating yourself and understanding how the statute of limitations applies to truck accidents is crucial to a favorable outcome in your case. Although two years from the date of an accident seems like a long time, personal injury claims are very time-intensive and require a great deal of evidence and documents. As a result, getting advice from a personal injury attorney at the outset of your claim may be beneficial.
Filing within the statute of limitations will allow you to potentially obtain compensation for your injury-related losses, including medical bills, wage loss, and more. Working with legal counsel from Tittle & Perlmuter to establish and pursue your claim may be the most effective way to hold careless parties accountable for the injuries they caused you. Place a call now to see if you are eligible to recover damages.