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After a truck accident, your immediate focus is often on safety and recovery. However, when the accident results in severe injury or loss, it’s natural to want justice for the harm caused. If you’re considering taking legal action, understanding the statute of limitations is crucial.
At Lone Star Injury Attorneys, our experienced lawyers are here to guide you through the legal process while you focus on healing. You might be surprised to learn that the statute of limitations for truck accident cases in Channelview may provide you with less time to pursue your claim than you initially thought. Let us help you navigate this timeline and protect your right to compensation.
Every legal claim has a cutoff date, and for truck accident or injury claims, that date is tied to the statute of limitations. This is the time window you have to file a legal claim after becoming injured, and it typically begins the moment you are injured in the accident.
If you are injured in a truck accident, your lawyer will likely pursue your case based on a negligence theory. This means arguing that the truck driver acted in a negligent or unreasonable way, and that their actions directly caused your injuries.
In Texas, the statute of limitations for negligence claims is two years. This means you have two years from the date of the truck accident to file your claim. If you don’t file within that timeframe, you lose your right to sue for your injuries.
It is important to note that the two-year statute of limitations only applies when you must file your claim with the court—it doesn’t mean your case must be resolved in that time. What matters is that you file a legal document (or “pleading”) within two years that outlines your claim, supports it with legal arguments, and names the responsible parties.
Given the complexity of truck accident cases, it is often wise to begin preparing well before the two-year deadline. A Channelview truck accident lawyer can help you understand the best time to start your case and ensure you are fully prepared to meet the statute of limitations.
Unfortunately, truck accidents can result in death, which adds an additional layer to a legal claim.
In a wrongful death claim, you will argue that the truck driver’s actions directly caused the death of your loved one. While similar to a negligence claim, wrongful death claims are distinct because: (1) they involve the death of an individual due to someone else’s actions, and (2) the death was preventable.
In Channelview, the statute of limitations for wrongful death claims related to truck accidents is also two years. This time window begins on the day your loved one passes. It is important to note that the statute of limitations for a negligence claim and a wrongful death claim could have different deadlines, depending on the circumstances.
Both wrongful death and negligence claims can be pursued together, as long as they stem from the same incident. However, it is crucial to work with an attorney if you are pursuing both types of claims. Although they are argued simultaneously, there are two separate statutes of limitations, two sets of elements to prove, and two distinct claims that require careful preparation and evidence.
Preparing for trial and litigating your claim can be a lengthy process. It may be beneficial to let an attorney you trust handle the legal process within the statute of limitations for Channelview truck accident cases, giving you time to prioritize healing, wellness, grief, and recovery. You can find an attorney who provides the delicate balance of compassion and professionalism with Lone Star Injury Attorneys.
Retaining one of our attorneys starts with a simple phone call or inquiry on our website. Contact us today to schedule a free consultation.
Lone Star Injury Attorneys, PLLC
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