In Louisiana, accident victims have one year to file a lawsuit after a truck accident, per to CC Art. 3492. The clock starts ticking on the day of the accident.
You also have one year to sue if you are filing a wrongful death lawsuit, per CC Art. 2315.2. However, in these types of cases, the clock starts running on the day of your family member’s death.
Factors That May Affect How Long It Takes To File and Settle a Lawsuit
Taking action immediately after a truck accident is always a good idea. One year can seem like a long time, but filing a personal injury claim can be a time-consuming process that goes by quickly.
When you work with a truck accident lawyer from our firm, we will help you meet the deadlines in your case and handle all of the legal work for you. Certain factors that may affect how long it takes you to file and settle your claim or lawsuit include:
The Extent of Your Injuries
If you receive serious injuries from the truck accident, the responsible party may owe you compensation for the money you must spend in medical care on making a full recovery. Other damages, like disability or pain and suffering, may also be covered.
Calculating damages for truck accident injuries can take time. Taking the time to assess all the ways an accident has impacted your life can help you seek damages that accurately reflect your claim’s value.
Whether You Accept a Settlement Offer
Soon after filing a personal injury claim for a truck accident, the truck driver’s insurance company may reach out to offer a settlement. If you accept the first settlement amount, this could help end the claims process rather quickly. However, the first offer may be a lowball settlement designed to entice you to settle early.
When you accept a settlement offer, you typically must waive your rights to pursue additional compensation from the responsible party. We recommend estimating the full value of your damages before entertaining settlement offers. Otherwise, you might be left with out-of-pocket expenses after accepting a low offer.
Whether Your Claim Goes to Trial
A settlement occurs when both parties agree to terms to end a dispute. If the other party does not make you a fair offer, you and your lawyer may choose to take your lawsuit to trial and fight for compensation in court.
Trials can take more time to reach an outcome than a personal injury claim. However, if a trial is necessary in your case, a lawyer from our firm will work hard on your behalf to convince a judge or jury that you deserve compensation.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.Client
Other Reasons to Act as Soon as Possible
Though you have at least the length of your statute of limitations to pursue a claim and/or lawsuit after a truck accident, you may want to get started as soon as possible. Here is why:
Investigating a Truck Accident Takes Time
If both the truck driver’s insurance company and the trucking company’s insurance are held liable for your accident, you may need to file separate claims against each of them. This could require collecting a significant amount of evidence.
Some evidence may be time-sensitive. Traffic camera footage of your accident may only be stored for a limited amount of time before it is erased. Witnesses may be more challenging to locate long after the accident. Starting your case early can help you secure evidence from these types of sources.
Working with a Lawyer From Our Firm Can Give You Relief
A truck accident lawyer from our firm can start working immediately after your accident. This can give you time to focus on your recovery while we:
- Handle all communications with the insurance companies for you
- Explain your options and the legal process
- Collect evidence and build your case
- Pursue compensation on your behalf
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.Rick Smith | Client
Get a Free Case Review from Laborde Earles Injury Lawyers Today
At Laborde Earles Injury Lawyers, we are standing by, ready to ease your concerns during a free consultation. Call us today at (337) 777-7777 to discuss your case with a member of our team. We can answer your questions and give you more information about how long you have to file a lawsuit after your truck accident.
We represent truck accident victims in Lafayette and other parts of Louisiana. We work for a contingent fee, meaning our clients don’t pay us attorney’s fees unless they win their case.