If you are hurt in a truck crash, you have a limited time to act if you want to pursue a claim for compensation for your losses. That’s because there is a statute of limitations in trucking accident cases.
An experienced accident attorney at Drafahl Law Firm can help you understand what your time limit is for making a claim and can help you build a strong case by the deadline so you can fight for justice.
Give us a call today to schedule your free consultation and learn more about how we can support you and about the importance of getting a strong advocate on your side from day one.
What is the Statute of Limitations in Trucking Accidents?
At Drafahl Law Firm, we represent clients in both Missouri and Illinois; therefore, we have a deep understanding of the relevant statutes in each state.
In Missouri, the statute of limitations for truck accident claims is five years from the date of the accident.
516.120. What actions within five years. — Within five years:
(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated…
In simple terms, this means (in most cases) you have five years to pursue a personal injury claim in Missouri, including claims arising from truck crashes.
In Illinois, however, the deadline is set by 735 ILCS 5/13-202 and is generally two years from the date of the accident.
735 ILCS 5/13-202) (from Ch. 110, par. 13-202)
Sec. 13-202. Personal injury – Penalty. Actions for damages for an injury to the person … shall be commenced within 2 years next after the cause of action accrued…
However, in either state, there are several circumstances that may lengthen or shorten the window of limitations, such as in the event of a wrongful death, if a victim was a minor at the time of the accident, or who the liable party was (especially in the case involving governmental entities). For this reason, it’s best to consult with an experienced lawyer if you were involved in a truck accident.
Why is There a Statute of Limitations?
Every state imposes a time limit when it comes to personal injury claims and most other legal actions. The reasons for that are simple. People need to be able to live their lives without the constant threat of being sued for things that happened in the distant past.
If you have unlimited time to pursue a claim, you could potentially decide to file a lawsuit many years after an incident occurred. By that time, evidence might be lost, witnesses might be hard to find, and the defendant may have no viable chance to build a defense.
To make sure cases are heard when they are fresh, when all parties know what happened, and before people move on into different phases of their life, states limit the time you have to pursue an injury claim.
What Happens if the Statute of Limitations Runs Out?
If the statute of limitations expires before you have made your claim, you typically will be unable to move forward with your case. You are no longer able to pursue a civil case against a defendant who harmed you, and if you try, the case will be thrown out because it is time-barred.
You do not want to miss your opportunity to pursue your claim, so don’t wait too long after an accident happens to begin the process of seeking justice. Contact Drafahl Law Firm today to get the help and support you need to begin gathering evidence and making a strong claim before your deadline has passed.
You deserve to have your case heard, so don’t hesitate to reach out to get a legal advocate working for you.