If you’ve been injured in a truck accident, many questions and concerns will likely arise after the event. Perhaps, you don’t know where to turn to get the answers you need. This is frequently the case for truck crash victims who can’t work or even participate in daily life. You may be hospitalized or trying to recover at home, and all you think about is how to manage expenses. A personal injury lawsuit may be an important way for you to recover for damages and losses that resulted from a truck crash.
All states have statutes of limitations that allow you a period of time to file a lawsuit to seek compensation for your injuries. This is not a matter to handle by yourself. The sheer complexities involved in truck accident cases require the skills and knowledge an attorney brings. Siegfried and Jensen will stand by you and protect your rights.
What Is a Statute of Limitations?
The statute of limitations is the amount of time you are allowed by law to file a complaint against someone who has caused you harm. Statutes are set by states individually. In Utah, you have four years to file a personal injury lawsuit.
In most Utah personal injury cases, the clock starts from the date of harm, but exceptions can always be considered. There could be exceptions an attorney brings that are outside the usual standards that could be heard by a court of law if there is merit for the request.
There are a few defined exceptions for filing in Utah. If it took a while to discover harm, a victim could seek additional time to file a lawsuit. If a person is a minor, they are typically allowed to reach 18 before the clock starts running. Some exceptions stop the clock toll. Your attorney can look into tolling circumstances that apply to your case. It is essential to note that these are exceptions, and there must be cause in asking for extensions to the filing deadline.
What Happens If You Miss the Filing Deadline?
Missing a filing deadline means you forfeit your chance of getting compensation. The consequences could be catastrophic after a truck accident. A person can sue for damages after an accident to have the right to be “made whole” in the eyes of the legal system. You can file a suit for economic and non-economic damages.
Non-economic damages are associated with intangible losses that result from physical and emotional pain and suffering. A recovery for these types of damages can be substantial and make a significant difference for accident victims. Your attorney makes sure you file within the statute of limitations so that you can seek these compensatory damages.
How Does the Insurance Claims Process Affect Filing a Lawsuit?
Your time to file a lawsuit can hinge on how long an insurance claim is being negotiated. The claims process with insurance companies can be a bumpy road. For truck accidents, there can be a lot of delays over issues involving fault determinations and settlement amounts.
Because most cases are settled outside of court, it makes sense to pursue settlement before filing a lawsuit. However, there are many reasons an attorney will pursue a lawsuit rather quickly. Your attorney will inform you why it’s best to go in a particular legal direction based on your situation.
Why Does Having an Attorney Make a Difference in Filing Time?
When the clock is running on a personal injury claim, an attorney can step in, file a lawsuit and begin building your case. It is essential to know that cases take time to organize. If you end up in court, your attorney must present a compelling case on your behalf, which requires even more time than negotiating an insurance settlement. Time greatly benefits a law team trying to protect your rights and get you the compensation you deserve.
Truck accidents are complex legal matters, and you don’t want to rush the process when critical details could be essential to the outcome of your court case. The longer this takes, the longer you have to wait for a resolution. Consulting with an attorney right away means your lawsuit will be ready to file if a settlement can’t be reached.
How Soon Should You Contact an Attorney After an Accident?
Speak with an attorney as soon as you can after an accident. While Utah is a no-fault state, and your personal injury protection policy typically covers injuries up to a limit, those limits rarely cover the types of injuries associated with large truck accidents. You may need to file a personal injury lawsuit to seek compensation that meets with the seriousness of your physical injuries and pain and suffering.
Utah follows the comparative negligence system. You can still recover even if you are partially at fault in an accident. Each person is assigned a percentage of fault, and this is how damages are apportioned. However, Utah also has a 50% rule, so if you are more than 50% liable in an accident, you have no legal right to a recovery. Fault assignments in truck accidents can take time if multiple parties bear responsibility. An attorney advises you on when it’s time to pursue filing a lawsuit.
Why Is Making a Commitment to the Legal Process Crucial?
No matter when you file, you must be prepared to go the distance on a lawsuit. Accident victims often hesitate to hire an attorney because they worry about the time involved. It is important to weigh the costs of any decision. However, if you are incapacitated due to the negligent actions of a trucker, it is critical to at least talk with a truck accident lawyer.
A short time speaking with an attorney can give you greater peace of mind. We will look at your case, ensure you file a lawsuit per Utah state law, and walk you through the legal journey. It is necessary to have an attorney that listens to you and knows what this accident has wrought in your life. We are invested in serving our client’s interests and seeing that they get skilled representation. Truck accident injuries can change your life, so get the help you need to move forward positively.
Get an Experienced Truck Accident Lawyer To Handle Your Claim
Siegfried and Jensen law firm has years of experience representing people in truck accident cases. When you hire us, we get to work on your claim, trying to reach a settlement. In many cases, especially with complicated personal injury claims, it may be necessary to file a lawsuit to recover a fair damage award. If you have delayed talking with a lawyer, it is best to consult our team immediately. If you have spoken with an insurance representative for the other driver, tell us exactly what was discussed.
Unfortunately, insurance companies put pressure on you after an accident, attempting to get you to settle for much less than you likely should. It is best to never speak with anyone about your accident until you consult an attorney. If you need legal help, let us evaluate the facts of your case. If you hire us, you don’t pay any fees out of pocket unless we win your case. Contact us to find out where you stand.