After a truck accident, it may take time to recover from your injuries, get back to work, and get your life back together. In some cases, your injuries may have caused permanent damage that you cannot repair. When recovering from your car accident case, it is important to keep in mind that you may have a limited time to file your car accident claims.
While insurance companies may have particular expectations or deadlines for filing, your state’s court system may have its own deadlines to file. The statute of limitations is a specific law that limits the amount of time a plaintiff has to file a lawsuit against a defendant. There are numerous such statutes for various legal claims. Lawsuits for truck accidents in Pennsylvania typically fall under the statute of limitations for personal injuries.
If you were injured anywhere in the country, ask our truck accident attorneys at The Reiff Law Firm for a private, free case evaluation to get started. Call us at (215) 709-6940.
Deadlines to File for Truck Accident Injuries
Each state has what’s called a “statute of limitations” for various types of lawsuits. These are usually literal statutes, written into your state’s laws, which say how long you have to file your case.
How Long is a Statute of Limitation?
Many states have a general statute of limitations of 2 years, but this is not always the case. Some states have shorter or longer statutes of limitations, and some may use different time limits for different types of claims. For instance, while some states may shorten the statutes of limitations for wrongful death cases, they may have longer limitations for breach of contract claims.
Statute of Limitations for Truck Accidents
The statute of limitations that deals with truck accidents is usually the statute of limitations for “personal injury.” This is called personal injury, to distinguish your physical injuries from what some states may refer to as “injury” to property or real estate. Again, some particular types of injury cases are limited to shorter time periods (such as in auto defect cases, like defective truck tire cases), but a general car accident injury claim falls under the standard personal injury statute.
How Statutes Vary by State
Some states set specific time limits on all types of claims, while others place personal injury claims in a catch-all category. Because of this, it may be confusing to track down the specific statute of limitations for your state. To combat this, we have organized the statutes of limitations for each state by the number of years you have to file your case in each state.
States with 1-Year Statutes of Limitations
- Kentucky
- Louisiana
- Tennessee
States with 3-Year Statutes of Limitations
- Arkansas
- Colorado
- Maryland
- Massachusetts
- Michigan
- Mississippi
- Montana
- New Hampshire
- New Mexico
- New York
- North Carolina
- Rhode Island
- South Carolina
- South Dakota
- Vermont
- Washington
- Wisconsin
States with 4-Year Statutes of Limitations
- Florida
- Nebraska
- Utah
- Wyoming
States with 5-Year Statutes of Limitations
- Missouri
States with 6-Year Statutes of Limitations
- Maine
- North Dakota
Washington, D.C. is not on this list, but has a 3-year statute of limitations.
What if I Live Outside the State Where My Truck Accident Happened?
Note that when you apply a statute of limitations, you use the state where your injury happened. You typically file in the court of the state where the accident took place, not necessarily where you live, if that is a different state. However, you may be able to sue in different courts depending on the state’s laws and where the truck driver or trucking company is from.
How Does a Statute of Limitations Work for Truck Accidents?
The statute of limitations for truck accidents is usually the same as that for personal injury claims. It is crucial that you file within the limitation period, or you risk being time-barred.
What the Limitation Period Covers
It is important to understand that a statute of limitations is a deadline to file your case. Once your case is filed, it may take more time to actually get the case assigned to a judge, file court documents, and get to trial. The statute of limitations only applies to the initial filing; if other court actions take place after the statute of limitations expires, it’s okay as long as your case was filed on-time.
How Defendants May Use the Statute of Limitations
Sometimes, the defendant will try to use the statute of limitations as a defense to the case. This means that the at-fault party will claim that you filed your case too late, and the judge should dismiss it. In most states, if a case is filed too late, the judge will dismiss it. However, some rules may extend the time you have to file.
Tolling the Statute of Limitations
Rules that overcome the statute of limitations may “toll” the statute of limitations by pausing the clock. This may occur if you were legally “incompetent.” Any victim under the age of 18 is usually “incompetent,” and may be able to pause the clock until they turn 18.
Additionally, mental handicaps (either from the accident or from before the crash) may also pause the clock. Sometimes, another rule called a “discovery rule” may pause your case if you have not yet “discovered” that your case was caused by someone else’s negligence. However, this rule would typically not apply to a truck accident case.
FAQs About The Statute of Limitations for Truck Accident Lawsuits
How Long is the Statute of Limitations for Truck Accident Cases?
The statute of limitations for truck accident lawsuits varies from state to state. Many states give plaintiffs a few years to file their claims in court. Some states are more generous than others, so it is important to check with a lawyer in your state.
Is the Statute of Limitations Different for Different Truck Accident Cases?
Possibly. Truck accident claims may fall under the statute of limitations for personal injuries, unless your state has a specific statute that says otherwise. Since statutes of limitation vary from state to state, the location of your truck accident will determine how long you have to file a lawsuit. A truck accident in Pennsylvania may have a different statute of limitations than an accident in New York.
What if My Truck Accident Lawsuit Lasts Longer Than the Limitation Period
It is okay if your case lasts beyond the end of the statute of limitations. The statute only applies when you must file the case. It does not apply to when the case must be completed. Many cases last for a long time and go way beyond the statute of limitations.
Can I File a Truck Accident Case After the Statute of Limitations Closes?
Generally, no. However, special conditions may allow you to have the statute of limitations tolled. For most plaintiffs, once the statute of limitations closes, they are time-barred and cannot file their cases. Even so, certain circumstances, like being a minor or having a legal disability, may buy you more time.
Can I Still File a Truck Accident Case if I Was Unaware of the Statute of Limitations?
Not knowing about the statute of limitations is not a legally valid reason to have the statute tolled. Ignorance of the law is not a tolling option. Not only that, but you may not file your case if you miscalculated your time. It is important to seek help from an experienced attorney who can accurately determine how long you have to file your case.
What if I Did Not Know I Could Sue for My Truck Accident Injuries?
It may be possible to have the statute of limitations tolled if you did not know you had a valid cause of action. Generally, plaintiffs are expected to exercise due diligence when filing legal claims. If you were unable to file a lawsuit within the limitation period because your injuries had not yet revealed themselves, or perhaps the defendant withheld crucial information or evidence, you might be able to have the limitation tolled.
Truck Accident Lawyers
After a truck collision or crash, ask our truck accident attorneys at The Reiff Law Firm for a confidential, free case evaluation to get started. Call our offices at (215) 709-6940.
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