Trucks are notorious for causing serious injuries and fatalities on roadways in Ohio. Because of the design of these vehicles, their weight and size, and other factors, such as fatigue, distracted driving, and more, incidents involving trucks are prevalent.
Those who have been hurt in this kind of traffic accident can seek compensation for their injuries with the help of a reliable Ohio attorney. They can also help with the motorcycle accident statute of limitations in Ohio. However, before preparing a legal defense or negotiating with the at-fault party, it's important that victims understand what the law says.
The statute of limitations plays an important role in such cases. This article will shed some light on the topic to help victims understand what is expected of them.
Understanding Personal Injury Claims
Truck accidents that occur because of the negligence of one or more parties can be eligible for a personal injury claim. However, it is important for victims to remember that they bear the burden of proof, which is why having rigorous legal representation is essential.
Unlike car accidents, collisions involving trucks are often messy and involve multiple at-fault parties. The claimant will have to identify who can be held liable for their damages, establish that this person had a duty to ensure their safety on the road, and prove that their failure to provide this duty of care is what led to their injuries.
What Is the "Statute of Limitations" in a Truck Accident Lawsuit?
All truck accident claims are subject to a time restriction, which is known as the statute of limitations. It's important for victims to remember that the timeframe given for each type of legal claim will differ. More information about the statute of limitations for personal injury suits can be found in Ohio Revised Code § 2305.10.
Truck Accident Statute of Limitations in Ohio
Personal injury claims that involve truck accidents have a two-year statute of limitations. This means that the injured person has 24 months from the date of the incident in which to take legal action. If they fail to meet this deadline, they will forever lose their right to file a claim for compensation. However, certain exceptions apply that may toll or extend the time restriction.
Exceptions to this Rule
There are three main types of exceptions to the statute of limitations that apply in the state of Ohio. They are as follows:
Discovery. In most cases, victims are able to tell almost immediately whether they suffered an injury. However, this is not always true. If someone involved in a truck accident finds out days, weeks, months, or even years later that they suffered harm, the statute of limitations may be extended.
Underage Plaintiff. Suppose the injured person was under the age of 18 at the time that the incident took place. In that case, the deadline for filing a claim can be tolled until they reach maturity.
A Government Worker or Agency Is Involved. For claims where government organizations have been implicated in the truck or car accident, different rules may apply.
Claimants can contact a reliable personal injury attorney to obtain advice about whether they may still file a claim for injuries sustained in a trucking accident. They can also provide more insight on the construction accident statute of limitations in Ohio.
The Importance of Acting Fast
Two years sounds like a long time, but victims should always pursue legal action as soon as they are physically able. The truth is that truck accident cases are often extremely complex, which means that it will take a lawyer a long time to ensure that there is sufficient proof to back up the claim.
To make matters worse, evidence can be lost the longer a person waits, which can reduce their odds of winning a truck accident case. The truth is that surveillance footage may be erased, witnesses can forget crucial details, and medical bills can be lost.
This is why getting in touch with a reputable legal advocate from the start is imperative. Attorneys can advise claimants on how to go about collecting evidence and can liaise with the insurance company on their client's behalf to ensure that their rights are protected.
Why It's Important to Obtain Legal Assistance
Negotiating the law in personal injury cases can be overwhelming, especially given the time constraints. By consulting with a skilled truck accident attorney in Ohio, plaintiffs can significantly enhance the outcome of their cases.
A qualified truck accident attorney in Toledo OH will ensure that the documentation is completed and submitted correctly and on time, safeguarding their client's rights and increasing their chances of acquiring adequate compensation.
From investigating the details of the case to finding out how the injury occurred to presenting evidence in court to back up the plaintiff's claim, advocates play a crucial role in truck accident lawsuits.
Is It Worth It Seeking Compensation in a Truck Accident Case?
There's no doubt that pursuing truck and car accident claims can seem a little scary to injury victims. After all, the defendant may have a strong legal team to help them win the case. However, it's important that they seek legal advice to learn more about the process and understand their odds of a favorable outcome.
Moreover, the injuries sustained in a truck crash can be devastating, requiring extensive medical care and rehabilitation. This also means that the sufferer may be unable to work as they did before the incident took place.
Financial recompense can provide much-needed relief and ensure that the claimant is able to receive the medical care that he or she needs to make a full recovery.
Schuerger Shunnarah Trial Attorneys Are Here to Help Victims Seek Compensation
A collision involving a truck can be catastrophic. In the wake of a tragic disaster, it is important for victims to have a trusted legal advisor on their side who can guide them through the ins and outs of Ohio personal injury law.
Schuerger Shunnarah Trial Attorneys is a trustworthy team of personal injury attorneys who understand that the stakes are often high in truck accident cases and are not afraid to do whatever it takes to win the case.
Claimants can contact us today to schedule a free consultation to discuss the specifics of their case and file a personal injury claim before it's too late.