The lingering concern on the minds of most truck accident victims relates to how much time they have to file a compensation claim. If one is not keen enough, they can be locked out and pay for someone else’s recklessness. But you don’t always have to do the difficult work while you can ask for professional help.
Every victim deserves a stress-free healing journey, where time constraints are the least of their concern. You can delegate all the nitty-gritty of your case to an Orange County personal injury attorney, and devote all your energy to getting better. A legal expert can handle all the complexities of compensation and ensure that you don’t miss out.
When Should I File My Accident Claim?
You only have as short as two years to file a claim for your injuries. Sometimes, the injuries from the accident do not become apparent until many years after the incident. In such cases, the law gives you a year to file your claim in Orange County. And if a loved one dies after the truck accident, you also have two years to file the claim. You should file a claim for damage caused to your vehicle within three years.
Despite the extended statute of limitations, it is more advantageous to take your case to Orange County truck accident lawyers earlier than later. Witness statements and other evidence might be more accurate a month after the accident than it would be a year later. So, as you focus on your recovery, your California personal injury lawyer could be working on your case to ensure that you get a full and fair settlement.
When Does the “Clock” Start Ticking for the Statute of Limitation?
If you don’t count the days correctly, the time limit can lapse without your knowledge. And once the statute of limitations period is over, there is nothing you can do to convince the court to restore it. Therefore, if you aren’t too sure about how much time you have left, your Santa Ana truck accident lawyer can help you determine exactly when the period starts and ends.
The date of the accident is counted as the first day of the two-year limit for injuries. For injuries that are discovered later, the clock begins ticking on the day the realization is made. If a loved one is injured and later dies, the counting of days will not start on the accident date. Instead, the day he/she died is when you can begin counting days for a wrongful death claim.
Are There Exceptions to the Statute of Limitation?
If a government agency was involved in the accident, the usual statute of limitation becomes shorter. Working with a reduced time frame means that you need to call a truck accident attorney as soon as possible for investigations to begin early. Remember, the initial administrative claim has to be filed within six months, and the agency has to investigate and respond within 45 days.
The application can either be accepted or denied. If it is denied, you have another six months to file a lawsuit against them. If you receive no response whatsoever, the two-year statute of limitation for a lawsuit applies. The government agency can be held responsible if the truck driver lost control because of things like poorly designed off-ramp.
When will Insurance Adjusters Contact Me?
Once you have filed your claim, insurance adjusters may try to contact you. They may request access to your pieces of evidence and medical records to see if you have a solid case against them. If the liability clearly lies on them, they might offer a settlement.
Victims should never accept less compensation than they deserve. The money you receive should sufficiently cover all your losses and expenses incurred. Note that most insurance adjusters will try to convince you that your truck accident is worth lesser compensation than it actually is. But Orange County truck accident lawyers won’t allow you to be short-changed.
How Long Do Insurance Companies Take to Settle a Truck Accident Claim?
Once you have filed a claim, the insurance company has 15 days to acknowledge it. After receiving and acknowledging the documentation, they have to deny or approve the claim in 40 days. And if a settlement is reached, the agreed payment needs to be made in 30 days.
Note that, even when you are confident that your case will be resolved with the insurance company, it is safer to give yourself plenty of time to consider other options if the negotiations fail. This also gives you more leverage, knowing that you have options if things don’t go as expected.
What is a Truck Accident Victim Required to Do Before the Statute of Limitation Expires?
Victims of truck accidents have a limited time to put together their pieces of evidence and file a claim. First, you are discouraged from relying entirely on the police report because they can possibly leave out some details that would be integral to the success of your case. So, make sure that you also have your own photos and recorded witness testimonies, if possible.
California requires you to prove that the truck driver was negligent to receive financial compensation for your losses and injuries. The more evidence you have, the faster it will be for truck accident lawyers in Orange County to compile everything and file a claim. The elements of negligence include:
- Duty – The driver owed the other road users a duty of care, and ought to have driven in a safe manner;
- Breach – The driver violated that duty;
- Causation– Their violation or breach resulted in the accident;
- Damages – You suffered injuries from the accident.
A Top Personal Injury Law Firm Helping Victims Recover Compensation
You deserve to be compensated for your emotional distress, lost wages, medical bills, and more. But this doesn’t mean that you struggle in the corridors of justice in your fragile health condition. A dedicated personal injury lawyer near you will fight for your rights and well-being.
Let the accident attorneys at Gibson & Hughes handle your case and pursue compensation for all your losses. Schedule a FREE consultation with us by calling (714) 547-8377 today.
