Ohio Truck Accident Help
A Division of Ohio Truck Accident
February 28, 2023
You have a limited time to file a claim or lawsuit after a truck accident. This deadline is known as the statute of limitations.
We share the road with trucks every day, but when Ohio truck accidents happen, they can be far worse than passenger car collisions. If you suffered injuries in a truck accident caused by someone else’s negligent conduct, you might be considering filing a personal injury claim to recover compensation for your injuries and other damages.
However, you don’t have forever to file a claim. Knowing the deadline and why it matters will help you maximize your chances of a successful financial recovery.
You have a limited time to file a claim or lawsuit after a truck accident. This deadline is known as the statute of limitations. According to Ohio Revised Code Section 2305.10, the statute of limitations for filing a personal injury claim after an accident is two years.
If you wait too long to begin a claim and the statute of limitations expires, any claim you try to file will likely be dismissed. This means you could be barred from recovering any compensation for your injuries.
While the two-year statute of limitations applies to most truck accident cases, some factors can modify the deadline.
If your injuries from a truck accident stemmed from a defective product, such as a faulty vehicle part, the statute of limitations can be affected – especially if product warranty or consumer fraud are involved.
The statute of limitations for minors is extended and does not begin to run until the minor turns 18. So, for example, a 16-year-old injured in a truck accident can file a claim up to two years after their 18th birthday.
Not all injuries after a truck accident are immediately apparent. Some injuries, like whiplash or a concussion, might not manifest symptoms until days or weeks after the accident. The discovery rule can change the statute of limitations for your case and won’t start to run until you discover or should have reasonably discovered you were hurt. This is also why seeking medical attention as soon as possible after an accident is essential, even if you feel fine.
A common first step to recovering compensation after a truck accident is filing an insurance claim. Determining who is liable is critical to holding the right parties accountable for their negligence. It is not uncommon for truck accidents to have several liable parties, such as any of the following:
A truck accident lawyer can help you determine all the parties who could be liable for your injuries, file an insurance claim, and negotiate on your behalf to recover the compensation you deserve.
Many truck accident cases settle out of court, but filing a lawsuit may be an appropriate next step if a settlement can’t be reached.
The statute of limitations applies to both personal injury claims and lawsuits. So, if you begin a claim and then decide to pursue a lawsuit against the negligent party, you will still have two years from the date of the truck accident to file.
Two years might sound like plenty of time to pursue your claim. However, time can pass quickly, especially if you experience severe injuries requiring a lengthy recovery period. It can take time to:
Truck accident claims and lawsuits are often more complex than car accident claims. The more time you and your attorney have to prepare your case, the more likely you are to receive the compensation you need to move forward.
If you were hurt in a truck accident and have questions about how long you must file a claim, contact a truck accident attorney immediately. At Ohio Truck Accident Help, we will investigate the case, move swiftly to get matters handled within the statute of limitations, and ensure your legal rights are protected throughout.
Call today at (855) 721-2737 to schedule a free consultation.