How Long After A Truck Accident Can You Sue In California?

Anyone injured in a truck accident knows how difficult it is to resume daily life after an injury. Attempting to work, paying the bills, dealing with injury pain, enduring physical therapy, and receiving medical treatments can be overwhelming. That’s why it’s necessary to contact an experienced truck accident lawyer in Los Angeles for a free consultation. A Los Angeles truck accident attorney can investigate your case, talk with the at-fault driver’s insurance company, and help you decide how to handle a claim or lawsuit.

Statute of Limitations

The Statute of limitations is a law that sets the maximum amount of time allowed to start a lawsuit. In California, injury victims have two years after an accident to start legal proceedings, a suit, against the party responsible for their injuries and property damage. There are exceptions to the two-year rule, and we will mention them here.

If you miss the Statute of limitations time limit and don’t file a lawsuit, you may lose all your rights to compensation. That’s why it is so important to contact a truck accident personal injury lawyer as soon as possible. A truck accident lawyer Los Angeles can be a great source of information.

Exceptions to The Statute of Limitations

California has identified some scenarios that could delay or pause the clock on the Statute of limitations.

Following are some of those exceptions:

  • The injured person was unaware of their injuries
  • The injured person was under 18 years of age, the age at which they can make legal decisions
  • The at-fault party left the state after the accident but prior to when the lawsuit could be filed
  • Wrongful death modifies the Statute of limitations to two-years from the date the injured person dies

Filing a Lawsuit Vs. Filing a Claim

Often, lawyers file insurance claims before lawsuits. Insurance claims notify insurance companies that someone is expecting payment for their injuries and property damage. Personal injury lawsuits can be filed any time before the state’s Statute of limitations deadline.

After a truck accident, you need to determine who was at-fault for the accident and then file an insurance claim. The insurance company will either accept or deny the claim or make a counteroffer. Truck accidents often involve more than one at-fault party, and a truck accident lawyer Los Angeles may file a claim for you.

When a Claim Leads to a Lawsuit

Truck accident claims tend to be larger than other vehicle claims because the personal injury and property damages are usually more significant. Insurance companies want to settle truck accident claims for far less than they are worth. When that happens, a truck accident lawyer in Los Angeles can advise you on how to proceed. You can always have your Los Angeles truck accident attorney file a lawsuit on your behalf.

How Much Compensation Can My Los Angeles Truck Accident Attorney Get For Me?

The amount of money you receive will depend upon the extent of your injuries, such as pain and suffering, lost wages, medical expenses, among others.

Pain and Suffering

Pain and suffering refer to injuries caused during an accident. They include physical and emotional pain and loss of life enjoyment. Even though many insurance companies don’t consider pain and suffering in their compensation offer, injury victims are entitled to receive it.

Lost Wages

Accident victims can lose days, weeks, or years of work after an injury. Many victims are out of work for so long they lose their jobs. Some are unable to return to equal employment and end up taking part-time work. Their injuries and pain may prevent them from working full-time in the same industry. They deserve compensation for the difference in wages, and a truck accident lawyer Los Angeles can help.

Medical Expenses

Truck accidents can cause considerable property damage, personal injury, and even death. Medical bills can pile up quickly and be overwhelming to those struggling to deal with their pain, loss of work, and lost income. Accident victims who hire Los Angeles truck accident attorneys can deal with their injuries while their attorneys document the accidents and fight for their rights to compensation.

Calculating Compensation

Insurance companies and lawyers use three systems to calculate compensation.

One method calculates the cost of medical care and lost wages and multiplies it by a number between 1-5. It also bases the multiplier on the severity of the injuries. Severe injuries get a higher multiplier, while less complicated injuries get a lower multiplier.

Another method uses the per diem approach. A dollar amount is assigned to each day that the injured person is not completely recovered from their injuries.

The last method uses a computer program to determine the compensation. It considers the types of injuries, the length of recovery time, the needed medical treatment, etc.

When Should You Contact a Truck Accident Lawyer In Los Angeles?

It takes time to build an accident case. Truck accident lawyer in Los Angeles has to gather your accident information and investigate how it happened. They also need to find expert witnesses to testify on your behalf and negotiate with the truck driver’s insurance company. If the insurance company refuses to compensate the injured party fairly, your attorney will need to prepare for trial. It’s a long and trying process, and it takes time.

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