Can I Sue a Company for Injuries Caused By a Truck Accident a Year Ago?
Yes, you could likely sue a company for injuries caused by a truck accident a year ago. However, most states have a statute of limitations that sets a defined time limit for lawsuits. Once that time limit has passed, the court has the option to dismiss your case.
Knowing your state’s rules regarding timelines for filing personal injury lawsuits is critical in a successful case. Our personal injury attorneys can help you determine your options.
Know Your State’s Set Statute of Limitations for Truck Accident Cases
When you need to file a lawsuit in court against a transportation company or a truck driver due to an accident, statutes of limitations apply. These differ based on where the accident occurred, not where you live. For example, if you live in California but were hit by a truck while traveling through Indiana, the Indiana statute of limitations applies. Let’s take a look at the time limits in states our firm serves.
If you live in Kentucky, you should check with your personal injury attorney about the type of case you have, as it may impact your statute of limitations. For a truck accident, Ky. Rev. Stat. § 304.39-230 demonstrates that you have two years from the accident date or your last PIP payment. In case of the necessity of a wrongful death suit, Ky. Rev. Stat. § 413.180 shortens this time to one year.
Indiana has set its statute of limitations, IC § 34-11-2-4, for personal injury cases at two years. Generally speaking, the clock starts from the date of the accident or injury. If you delay after this date, you risk having your case dismissed. If you need to file against the Indiana government, you must file a tort claim notice to the appropriate department within 180 days. (IC § 34-13-3)
Ohio has a two-year statute of limitations. In the Ohio Revised Code Section 2305.10, you can find that your time starts to run on the date of your injury or on the date you discovered your injury. Ohio law does allow for some flexibility. It allows for victims who may not have discovered the injury. Ohio Revised Code § 2305.15 does not count when the victim is out of state or incarcerated.
Time Impacts Discovery
Statutes of limitations are critical to your case. As an injured victim, you don’t want to have your case thrown out on a technicality. Yes, you can file for up to two years, and you should file as soon as you are able. Please don’t feel as though it is too late; your personal injury attorney will be able to facilitate you getting over any obstacles you may face.
It can help your case when you act quickly. A great deal of work goes into the discovery process when building your claim.
If your lawyer needs to interview eyewitnesses, you might not have the same results. Over time people’s memories fade, or they could move out of the area. Two weeks after the accident, their testimony may be far different than one year after. Of course, that is if you can locate them. In the discovery process, your attorney may work on some of the following:
- Investigation of crash scene
- Preparation of a demand letter
- Collecting police reports
- Taking photographs
- Gathering medical bills
- Filing for traffic footage
- Interviewing eyewitnesses
- Determining property damage
- Calculating economic and non-economic damages
- Handling communications
- Negotiating a deserved settlement on your behalf
If you and the trucking company cannot agree, at that time, you will prepare for a court trial. If you speak with your attorney about your case early on, you allow them to build a case that best serves you.