How long you have to file a lawsuit after a truck accident will depend on your state—but generally, the statute of limitations is between one to six years. This means that if you do not file your lawsuit within your state’s time frame, you forfeit your right to pursue compensation. There are some rare exceptions, but they are not common.
State Statutes of Limitations
Most states have two- to three-year statutes of limitations, and some states have specific statutes of limitations for motor vehicle claims. A personal injury lawyer in your state can explain the statute of limitations for your case.
States with One-Year Statutes of Limitations
Generally, the shortest timeframe following an accident to file a personal injury lawsuit is one year from your injury—in this case, your truck accident.
Michigan’s typical personal injury statute of limitations is three years. However, if you are filing a claim against your own insurance company, you are usually limited to one year from the date of the accident, according to Michigan Compiled Laws § 500.3145.
Other states with one-year statutes include:
States with Two-Year and Three-Year Statutes of Limitations
Most states have two-year time limits for personal injury lawsuits, including Colorado. However, Colorado also has a specific statute of limitations for personal injury claims arising from a motor vehicle accident. While Colorado’s general personal injury claim is two years from the date of the injury, you have three years after your truck accident to file a claim, according to Colorado Revised Statutes § 13-80-101(1)(n).
States with Four-Year Statutes of Limitations
States that generally allow four years after the accident to take legal action include:
States with Five-Year Statutes of Limitations
Missouri is the only state with a five-year statute of limitations. According to Missouri Revised Statutes § 516.120, you have five years to file an action for personal injury, including car accidents.
States with Six-Year Statutes of Limitations
Wrongful Death and Property Damage Statutes
If a loved one died after a truck accident, your state might have a separate statute of limitations to file a lawsuit. In wrongful death cases, you could recover compensation for funeral and burial expenses on top of other losses you suffered as a result of the accident.
If you or a loved one did not suffer any injuries, but only suffered property damage in the accident, there will also be a different time limit for lawsuits under this type of claim.
It Takes Time to Build a Case
While one to six years might seem like a lot of time to file a lawsuit, it also takes time to investigate your truck accident, determine who was liable, negotiate with insurance companies, and file a lawsuit.
That is why you have the option of consulting with a lawyer as soon as possible after your truck accident. If your injuries prevent you from working on your case on your own, a lawyer can take on the investigation so you can focus on healing.
Call Ben Crump Law, PLLC Today
If you or a loved one were injured, or a loved one passed away following a truck accident, contact Ben Crump Law, PLLC. We can help you with your claim and tell you exactly how long you have to file a lawsuit after the accident.
You should not have to pay the price for someone else’s negligent actions. If we can assign negligence to the other party, you may be able to receive compensation for your losses related to the accident. These can include:
- Hospital bills and other medical costs
- Lost or reduced wages
- Reduced earning capacity in the future
- Car repair or replacement costs
- Mental and physical pain and suffering
- Loss of consortium
- Funeral and burial costs (in wrongful death cases)
This list is not exhaustive, and you might be entitled to compensation for virtually any loss you suffered as a result of the accident. A truck accident lawyer can evaluate your damages and estimate what your compensation might be.
You should not have to go through this difficult time alone when help is available. The team at Ben Crump Law, PLLC works on a contingency basis, which means we do not take any money until we win your case. Call us today at (800) 235-0444 for a free, no-obligation case review.