When you’ve been a victim in a truck accident, you may want to sue the trucking company for damages instead of taking the insurance settlement offer. While some victims choose to negotiate with the trucking company’s insurance adjuster, others don’t waste any time in pursuing legal action to collect damages in full. You need to know about the statute of limitations for filing a truck accident case.
Whether you are still figuring out if you can settle with the trucking company’s insurance provider or you’re ready to take legal action, it’s good to know how quickly you need to file your claim.
Georgia’s statute of limitations sets limits for the time period that you can file certain claims, such as two years after the accident. The statute of limitations on filing a truck accident case depends on the type of case and claim(s) that you are making. Here’s what you need to know about the statute of limitations for truck accident cases and what you need to do to settle your case.
The Statute of Limitations for Filing Truck Accident Cases
For truck accident cases that involve personal injury or wrongful death claims, O.C.G.A. § 9-3-33 says that you have two years from the date of the accident to file a lawsuit. For personal property damages, O.C.G.A. § 9-3-32 states that you have four years to bring a case to the court and collect compensation for damages.
Personal injury claims can include everything from medical expenses to lost wages, mental or physical pain and suffering, and more.
Wrongful death claims are filed to recover the full value of the deceased person’s life and can include many different damages.
Personal property damages include repairs or replacements of your vehicle and/or of your personal possessions that were directly damaged in the accident.
Outside of the allotted time period designated by the statute of limitations for filing truck accident cases, you will not be able to collect damages through legal action. Additionally, you must be less than 50% at fault for the accident to collect any compensation through a legal claim.
When To Take Legal Action After a Truck Accident
A truck accident investigation will occur on-scene by various parties evaluating the accident, the fault, and the damages. The truck driver’s documentation and records will be looked into, and police will interview all drivers and witnesses.
When you have experienced heavy damages and/or a death has occurred, consider taking legal action right away. Otherwise, you may still be deciding and seeing whether or not the insurance offer will cover your expenses.
Insurance Settlement Options
After the accident scene is settled, report it to your insurance provider just like any other accident. However, unlike car accidents, the trucking company’s insurance adjuster will approach you to offer a truck accident settlement for the damages that they are liable for. Many times, the offer is far too low. It is the insurance adjuster’s goal to keep the accident outside of court and pay as little as possible to do so.
When insurance settlements are offered outside of court, you don’t need to take them. You can decline them or negotiate further, which is best done with the help of a lawyer. Back and forth negotiations will include a demand letter and counteroffers, but if a settlement is not reached, you can take legal action against the trucking company and/or truck driver.
If things are taking a long time to settle without legal action, meet with a lawyer to see how you can move forward.
Settling Your Case Legally
When you have no choice but to pursue legal action to collect damages in full, it’s time to schedule a consultation with a truck accident lawyer. Meeting with Mike will help you understand exactly what damages you can claim, what you can expect from the road ahead, and how much compensation you are entitled to.
An Atlanta truck accident lawyer like Mike Rafi knows the ins and outs of truck accident damages, proving the negligence and fault of the trucking company and/or truck driver, and more. When you are up against a strong, experienced defense team, you need a top truck accident lawyer with a history of success in winning settlements for the victims. Check out Mike’s latest truck accident case results.
Contact Rafi Law Firm for Help Today
If you’re still deciding whether or not to take action after a truck accident, Mike Rafi can help. Mike would love to meet with you to discuss your case and your needs, helping you decide the best path forward.
Get in touch with Mike today by calling 404-948-3311 or sending Rafi Law Firm a message now to tell us about your needs and schedule your free consultation. We look forward to hearing from you!