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  • Writer's pictureRobert Schuerger

Navigating the Truck Accident Statute of Limitations in Texas

Due to the weight of the massive vehicle, truck accidents can result in catastrophic injuries and, in worse cases, wrongful death. 

While the traumatic incident and burgeoning medical expenses can be stressful to deal with, an injured victim must immediately pursue a personal injury claim or lawsuit, as they may not have enough time. The statute of limitations plays a crucial role in determining the affected party's right to recovery.

Schuerger Shunnarah Trial Attorneys has decades of combined experience fighting for the rights of injured victims and holding the negligent parties accountable for their reckless actions. We have recovered more than $1 billion for their clients and can help the affected parties understand their legal options.

Injured victims in Houston, Texas, should contact the reputable Schuerger Shunnarah Trial Attorneys to discuss their personal injury case and find out how long they have left to seek compensation. They can also give more information about the oil rig accident statute of limitations in Texas.

Understanding the Statute of Limitations

Understanding the Statute of Limitations

The statute of limitations is a law that sets the maximum time injured victims have to pursue personal injury lawsuits or claims.

It's important to understand that the deadline to bring civil action expedites the entire legal process and discourages claimants from seeking compensation for accidents that happened decades ago.

While the statute of limitations allows injured victims to file personal injury claims or lawsuits against negligent parties within a certain time frame, failure to adhere to the deadline set under Texas Civil Practice and Remedies Code Chapter 16 can bar them from making any financial recovery.

What Is the Truck Accident Statute of Limitations in Texas?

The statute of limitations for civil cases varies between one and four years. Breach of contract, fraud, and certain debt collection claims have a generous four-year period, while victims of libel and slander only have a year to seek financial compensation.

When it comes to most personal injury cases, including truck accidents, injured victims have two years from the date of the incident to pursue claims or lawsuits against the negligent parties.

However, the statute of limitations is much shorter for crashes involving a government agency. It's important to reach out to the best truck accident lawyer in Houston to help identify the liable parties and hold them accountable for the damages caused.

Are There Any Exceptions to the Texas Statute of Limitations?

While the statute of limitations for truck accidents in Texas is two years, there are certain exceptions that place a hold on the deadline, giving the injured victim more time to prepare their case.

Although truck accident lawsuits involving minor children have the same two-year statute of limitations, the clock doesn't start ticking for those who are under 18. Children do not have the mental capacity to bring civil action on their own, which is why the court waits until they reach the legal age.

The law also treats mentally incapacitated victims the same as minors, which means that the statute of limitations does not begin until the affected party has a "sound" mind.

What Is the Statute of Limitations for Truck Accidents Involving Government Agencies?

A Texas truck accident lawsuit involving a government agency has a shorter statute of limitations than other types of personal injury cases. The legal process is also slightly different.

Under the Texas Civil Practice & Remedies Code Sec. 101.106, injured victims must provide the relevant state department with a notice of claim within six months from the date of the incident.

However, the time frame may vary depending on the municipality. The City of Houston, for example, only has a 90-day statute of limitations.

When a government agency receives a truck accident claim notice, it reviews and investigates it before making a decision. At this stage, the injured victim may either receive a settlement or face a denial. 

In case of a rejection, the affected party has some time to file a personal injury lawsuit to seek compensatory damages.

A truck accident victim must work with a skilled and knowledgeable personal injury attorney to build a strong case within the time frame mentioned under the statutes of limitations and hold the government agency accountable for their negligent actions.

What Are the Steps in Pursuing a Texas Truck Accident Claim?

What Are the Steps in Pursuing a Texas Truck Accident Claim?

Filing truck accident claims or lawsuits can be complex, and they involve many different steps, including the following:

Investigating the Accident

Before pursuing truck accident lawsuits, injured victims in Texas must investigate their crashes to determine the liable parties and gather sufficient evidence to build a strong case.

The skilled legal team at Schuerger Shunnarah Trial Attorneys has the resources to carry out a detailed investigation. This involves visiting the crash site, speaking to the witnesses, taking photographs, and retrieving CCTV footage to help identify the responsible parties. They can help with the motorcycle accident statute of limitations in Texas as well.

Calculating the Damages

When pursuing a claim or lawsuit, injured victims need to calculate the damages incurred. Often, affected parties without legal representation fail to receive fair compensation, as they end up undervaluing their case.

An experienced truck accident lawyer at Schuerger Shunnarah Trial Attorneys knows how to determine economic and non-economic losses. They have the connections to seek expert medical opinion when calculating the total compensatory damages incurred by the injured victim.

Filing a Texas Truck Accident Claim

When an injured victim has a strong case, they can file the claim with the relevant insurance company. Adhering to the legal process is crucial, as any errors or failure to provide supporting evidence could lead to a dismissal. To avoid any issues along the way, it's best to work with a reputable personal injury attorney.

Seeking Compensation

While filing a truck accident claim in Texas can be stressful, seeking damages is more challenging. Injured victims must stand their ground against greedy insurers and demand what's fair. This requires providing concrete proof of the policyholder's negligence. Despite that, the insurance company may fail to make a reasonable offer.

The truck accident lawyers at Schuerger Shunnarah Trial Attorneys know how insurance companies operate. They're ready to go to war and are not afraid to pursue legal action in court if the insurer fails to present a fair settlement.

Truck Accident Victims Can Rely on the Reputable Schuerger Shunnarah Trial Attorneys for Swift Justice!

Those injured in truck accidents due to someone else's negligence should call to schedule a free consultation with an experienced personal injury lawyer. The legal team at Schuerger Shunnarah Trial Attorneys can help investigate the case, identify the liable parties, and pursue maximum compensation!


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