When Is It Too Late To Hire a Truck Accident Lawyer?

If you don’t know when to hire a personal injury attorney after a trucking accident, the answer is ‘as soon as possible’. Waiting too long can compromise or minimize a potential resolution in the following ways:

• Claims May Expire – If you wait until after the personal injury claim timeline lapses to try to file a claim, you may have missed the opportunity.
• Gives the Trucking Company Time To Form a Defense – While you’re deciding when to get a lawyer, the trucking company is bolstering its accident lawsuit defense to avoid responsibility.
• Shortens Investigative Time – Complex claims, crashes with out-of-state truckers, and multiple-party accidents take time to investigate, and waiting to contact an attorney can shorten the time available to build your claim.
• Compromises Evidence – The electronic logging devices, engine control modules, driver qualification file, and maintenance logs are a few of the items to preserve in a truck accident case. A risk of delaying legal assistance is giving trucking companies time to alter evidence of federal trucking law violations.
• Increases Stress – After a big rig accident, attorneys can handle the details that take your focus away from healing, alleviating some of your stress.

Let’s explore which factors may influence your potential case and when to hire a personal injury attorney for assistance.

What Are the Deadlines To File a Lawsuit After a Trucking Accident?

Each state has a statute of limitations for personal injury claims, which is the legal deadline for filing a lawsuit. Generally, you have from the date of the crash until the statute of limitations in your state expires to sue for a trucking accident. This period can vary depending on many factors, including:

• Where the Case Is Filed (Jurisdiction) – The state or federal law governing the case can determine certain timelines.
• Claim Type – The nature of the claim, for example accidents, property damage, or wrongful death, will influence the timeframe a person has to file a lawsuit.
• Who Is Involved – People involved in accidents caused by Government entities or lawsuits naming Government officials may face shorter notice-to-file deadlines.

Can I Pause a Personal Injury Claim Deadline?

Tolling is the legal term for suspending a filing deadline, and yes, this may be granted for specific circumstances. Obtaining additional time to pursue legal action is not automatic, and you may need assistance from an accident attorney. Here are a few circumstances in which tolling may apply:

Delayed Injuries

When injuries are delayed or misdiagnosed, you may fail to pursue legal action against the semi-truck driver, only to have physical repercussions surface too late. In certain circumstances, you may be able to recover damages for the harm caused, but documentation and legal assistance are key.

Injured Minors

Laws recognize that minors may be incapable of evaluating their legal options. When a minor is injured in a trucking accident, their rights to sue may be tolled until they are of age. A lawyer can help you determine when a child must pursue legal action and when you have more time.

Fraud or Coercion

A court may extend the personal injury claim timeline when fraudulent circumstances arise. For example, if the responsible party intentionally conceals trucking law violations, the statute of limitations may be tolled. These requests require clear evidence of misconduct and a compelling argument.

If you’re unsure about pursuing a claim following a trucking accident, Bell Legal Group is here to help. We litigate trucking accidents in North and South Carolina, giving a voice to those harmed by negligent commercial drivers. Contact us today and tell us your story.