Maison Law helps truck accident victims in California. There’s a lot of questions you probably have about your legal options, but one of the most important involves the actual time limit you have for filing your claim. Our team of experienced truck accident lawyers can answer your questions and guide you through the process. Contact us today for a free consultation.
How Long Do I Have to File a Claim After a Truck Accident?
One of the most important parts of the claims process after a truck accident is the legal deadline for filing a claim–known as the statute of limitations. Under California law, the deadline is:
- Two years from the date of the accident
Missing the deadline usually means losing your chance to file a claim for “damages,” which is legally-binding financial support the at-fault party has to pay you for your injuries. With no ability to file a claim, you might have to rely on your own insurance or try to negotiate directly with the other person, but with less leverage (and no legal power).
What Happens After You File Your Truck Accident Claim?
You never want to be in a truck accident, but if it happens, the legal process is there to help you make a recovery. Unfortunately, truck accidents are often much more serious in terms of the damage–particularly with your injuries and other losses. So, while you have to file within two years of the date of the accident, once you do, you have two main options for recovering damages:
- Filing an insurance claim – This is often quicker and less expensive, as it involves the insurance company reviewing your claim and offering a settlement. However, insurance companies may delay or offer low payouts, which can be frustrating if your injuries and damages are more serious (which is common in truck accidents.)
- Filing a lawsuit – If the insurance settlement isn’t enough, you can take your case to court. While this process takes longer and is more involved, it might result in better financial support—called “damages.”
When you file a claim, you may be able to recover costs for:
- Medical bills and treatment
- Vehicle repair or replacement
- Lost wages or future income if you’re permanently injured
- Pain and suffering
- Emotional distress
- Loss of companionship or reduced quality of life
- Funeral costs in wrongful death cases
Remember, there’s a strict deadline for filing, so it’s crucial to act quickly. Filing a claim doesn’t guarantee success, but it may be your best chance to get the support you need. To improve your chances, focus on steps that can strengthen your claim.
What Can You Do to Strengthen Your Truck Accident Claim?
Filing a claim after a truck accident is only part of the process. Taking the right steps early can protect your rights and improve your chances of getting fair damages. Here’s what you should do:
- Call 911 – Once you’re in a safe place, call 911. Paramedics will treat injuries on the spot and take you to the hospital if needed. Police will create an official report by documenting the scene and gathering witness statements, which can help with your claim.
- Exchange information – If possible, get contact and insurance details from the truck driver and anyone else involved in the accident. This will be important for filing your claim and can speed up the process.
- Collect evidence at the scene – Use your phone to take pictures and videos of the accident scene, vehicle damage, injuries, road conditions, and anything else that may have contributed to the crash.
- Report things to your insurance company – you’ll want to report the accident to your own insurance company so they can start their claims process and give you coverage.
- Keep all documentation – Save all relevant records, including medical bills, repair estimates, police reports, and any communications with insurance companies. These documents are key to proving your losses.
- Be cautious – When speaking to police, insurance adjusters, or representatives from the trucking company, only state the facts. Don’t speculate or admit fault, since your words could be used against you.
Not all steps may apply to your situation, but following as many of these as possible can strengthen your claim and improve your chances of success. Working with our team can also guarantee that your rights are protected and help you get damages you need.
How Can a Lawyer Help You After a Truck Accident?
Dealing with a truck accident claim on your own can be overwhelming, especially if you’re injured. While you’re not required to work with a lawyer, having an experienced legal team on your side can make the process much easier. Here’s how Maison Law can help:
- Legal guidance – We understand how the law works and can explain your rights and legal options, so you know the best steps to take.
- Accident investigation – Our team conducts a thorough investigation, gathering evidence, interviewing witnesses, and reconstructing the accident to determine who’s at fault.
- Handling insurance companies – We take over all communication with insurance companies, other parties, and their lawyers. This protects your rights and prevents you from making statements that could hurt your case.
- Negotiating for you – Whether it’s with insurance companies or during settlement talks, we aim to get you fair damages for medical bills, lost wages, property damage, and pain and suffering.
We know managing a truck accident claim along with your injuries and emotional stress can be too much to handle. Our team is here to take the burden off your shoulders and make sure you get the care and support you need to get better. To get the process started, contact us today for a free consultation.
