If you’re the victim of a truck accident, you may be considering filing a claim for compensation. How long you have to file your truck accident claim depends on the insurance policy you file with. If you’re considering filing a lawsuit, instead, the time you have depends on Ohio’s statute of limitations.
Our firm can help you determine which option to take and explain how the deadline may apply to your case. We offer free initial consultations with a member of our team.
What You Should Know About Your Case’s Filing Deadline
Claims and lawsuits are two different matters. Here is what you should know about each:
- Each insurance company has its own filing deadline for claims. Generally, insurers want to know about accidents as soon as they happen. Waiting too long to file your claim could give the insurer reason to deny it.
- Most injury cases settle through insurance settlements. Yet, if you need to file a lawsuit, you generally have two years from the date of your accident to do so, per Ohio Revised Code Section 2305.10. Failure to file your lawsuit on time could prevent you from seeking damages.
For a free legal consultation, call (614) 538-1116
You Need Ample Time to Gather Certain Pieces of Evidence
The filing deadline isn’t the only time-sensitive aspect of your case. You need to gather certain pieces of evidence as soon as possible to support your right to damages. Some time-sensitive pieces of evidence include:
- Traffic camera footage. Footage generally lasts only a few weeks before it’s overwritten. This could play a key role in determining who (or what) caused your crash.
- Eyewitness testimony. You want eyewitnesses to support your account of events. The more time that passes, the more information they could forget.
- Forensic evidence. Physical evidence at the accident scene can paint a picture of what happened. Examples include skid marks, broken glass, and other roadway debris. These items can erode with time.
- Black box data. These data recorders documentcertain pieces of information, such as the collision’s force of impact. This information, just like traffic camera footage, can get overwritten.
When you partner with an injury lawyer, they can gather this information for you. However, they must have ample time.
Why Do Insurance Companies Have Filing Deadlines?
Insurance companies want to keep claims moving forward. They don’t want to deal with injury claims that happened years ago. Not only are these cases difficult to investigate, but they can also violate the state’s statute of limitations.
Insurance companies also have filing deadlines to protect themselves from fraud. If you file your case after the required deadline, it could suspect that your injuries didn’t stem from the collision, and your claim isn’t valid.
Insurance Companies Don’t Always Act in Claimants’ Best Interests
Insurance companies are businesses. They exist to make money. This makes many insurers hesitant to settle injury claims. Some will even look for reasons to deny claims to save themselves money.
By filing your truck accident claim immediately after the collision, you do more than preserve your right to damages; you also prevent case-related complications. You don’t want to give the insurer any reason to offer less than you’re owed or denied your claim altogether.
A Lawyer Can Manage Each of Your Case’s Obligations
There’s a lot a truck accident lawyer from our firm can do for you and your case. For one, your lawyer can take over your entire case so you can focus on your well-being. Your lawyer can:
- File your claim or lawsuit for you
- Meet all appropriate deadlines
- Keep your case progressing
- Collect and preserve time-sensitive evidence
- Send the trucking company a spoliation letter stating it must preserve certain pieces of information
- Hire experts to provide testimony about your collision
- Establish your damages and their value
- Establish the other party’s negligence and liability
- Negotiate a settlement
- File a lawsuit, if necessary
Your lawyer is committed to doing everything possible to resolve your case. Time is limited to initiate legal action, so we encourage you to consider your legal options.
A Lawyer Can Seek Financial Recovery for Your Losses
A lawyer can do more than file your case on time. They can also pursue your injury-related losses, such as:
- Medical bills
- Pain and suffering
- Property damage costs
- Various out-of-pocket expenses, such as rideshare services and childcare costs
- Mental trauma
- Disability, scarring, and disfigurement
- Lost income and other job-related benefits
- Loss of future earning capacity
- Wrongful death-related expenses, such as funeral and cremation fees
If you’re unsure about your case’s filing deadline, our team can examine your situation and explain your options.
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Contact Bressman Law Today
You have a limited time to pursue a claim or lawsuit. One of our firm’s truck accident lawyers in Ohio can start building your case now. During a free case review, we can answer general questions and concerns. We can also address case-specific inquiries.
Contact Bressman Law today to learn more.