If a negligent truck driver caused your truck accident, it is important to understand the basics of how to file your claim for compensation against the trucker and the trucking company’s insurance company. One of the most important laws you need to understand is the statute of limitations.
What Is the Statute of Limitations for Filing Your Truck Crash Lawsuit?
The statute of limitations is the time period you have to file your civil lawsuit against the trucker and trucking company. Every state has its own law setting this deadline. In Rhode Island, how long you have to do so depends on what type of compensation you are asking for. Here are the time periods that could be applicable in your case:
- Personal injury. If you are suing for compensation because you suffered personal injuries, the statute of limitations is three years from the date of your truck accident.
- Wrongful death. You may file a wrongful death action if a loved one died in a truck collision. You must file your lawsuit within three years of the date of death—not the date of the crash.
- Property damage. The statute of limitations is 10 years from the date of the accident if you are filing a civil suit for property damages. This could include the cost of repairing your vehicle.
What Happens If the Statute of Limitations Expires?
If you file a truck accident lawsuit after the statute of limitations has expired, the penalty is harsh. The trucker and trucking company will most likely raise this as a defense, and the judge will dismiss your case.
You can avoid this by retaining an experienced truck accident attorney soon after your collision. Even if you have time before the statute of limitations expires, you want to hire an attorney as soon as possible to build a strong claim of negligence and protect your legal rights. Start an online chat to schedule your free consultation today to find out how we can assist you.