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The statute of limitations on truck accident lawsuits can vary based on the outcome of the accident. In general, the personal injury statute of limitations is three years from the date of the accident. The wrongful death statute of limitations is generally three years from the date of a loved one’s demise. If your lawsuit involves a government or municipality, you generally have two years to file your lawsuit.
If you were injured in a collision with a large truck, a personal injury lawyer will clarify what the statute of limitations is for filing a truck accident lawsuit in South Carolina. They will also clarify the circumstances that might change the filing deadline, the costs of non-compliance, and the steps they will take toward filing your lawsuit on time.
What Happens If My Truck Accident Lawsuit Is Not Filed on Time?
It can take time to build your case, gather evidence, and prove the at-fault party’s actions caused the collision. It can also take time to recover from your injuries and feel up to facing the legal aspects of your case.
The statute of limitations, though, is mandatory. If your potential lawsuit is not filed on time, you could be prohibited by the court from filing your lawsuit at all. Even if you do manage to file your lawsuit late, the at-fault party’s representatives will request its immediate dismissal. Their request is likely to be granted, which will leave you with no further legal recourse that compels the at-fault party to compensate you.
A truck accident lawyer in your area will bring familiarity with state and local law to your case. With their guidance and direction, you can gain an understanding of the filing deadline that applies to your case and the importance of complying.
Why Is There a Statute of Limitations?
The statute of limitations avoids unreasonable delays and limits the time the potential at-fault party has to worry about being sued. It can also avoid the loss of evidence and avoid the potential depreciation of other evidence. For example, witnesses’ memories may fade, or photos and videos could deteriorate or be lost.
Imposing a statute of limitations can also prevent increasing litigation costs. The passage of time can mean witnesses lose contact and must be pursued. The statute of limitations also prompts plaintiffs (injured parties) to take action on valid cases without delay.
Are There Any Exceptions to the South Carolina Filing Deadlines?
Complying with the statute of limitation is mandatory, making it a critical part of your case. There are exceptions that will alter the applicable filing deadline but will still require compliance. Exceptions include:
- According to S.C. Ann. § 15-3-40, the age of the injured party can toll or pause the statute of limitations until their 18th birthday. The at-fault party’s mental health can also toll the filing deadline.
- According to S.C. Ann. § 15-3-30, if the at-fault party leaves the state for an extended time, typically a year or longer, the statutory clock will not run during their absence.
Your lawyer will explain these and any other factors that alter the filing deadline. The sooner you notify them about your lawsuit, the more time they have to meet the appropriate filing deadline.
What Compensation Can I Recover If My Lawsuit Is Filed on Time?
Every personal injury case will have its own set of recoverable damages. Your lawyer will request the following economic damages:
- All accident-related medical bills
- Assistive medical devices
- Treatment-related travel costs
- All accident-related income loss
- Loss of future earning capacity
- Property repair or replacement
- Diminished property value
Your lawyer will also request the following non-economic damages for you. They will also explain the documents they collect to prove their monetary value. Recoverable non-economic damages can include:
- Physical disability
- Physical disfigurement
- Pain and suffering
- Mental anguish
- Emotional distress
- Diminished quality of life
Families who lost a loved one in a bus accident can recover wrongful death damages, including your loved one’s funeral and burial expenses. They also include your loss of income, household support, consortium, companionship, guidance, and support.
Does My Truck Accident Case Have to Go to Court?
Most cases like yours will not have to go to court. The evidence will be collected and examined by representatives for both sides. Typically, when the evidence clearly indicates guilt, the case will be resolved with an out-of-court settlement. The evidence we collect to steer your case in this direction includes:
- Truck accident report
- Medical records and bills
- Salary history records
- Accident scene photos
- Accident reconstruction
- Eyewitness statements
- Expert testimonials
- Trucker logbook
- Trucker driving history
Let your lawyer handle it for you. They will not tax you or your family with this time-consuming task. Instead, your lawyer will handle evidence collection for you, including organizing your evidence and presenting it to the insurer.
Do I Need a Truck Accident Lawyer If I Want a Settlement Instead of a Trial?
When you hire a lawyer to represent you, they will handle every aspect of your case. To guide your case toward the best settlement possible, your lawyer will:
- Carefully assess your recoverable damages
- Prepare and send a compensation demand letter
- Field back-and-forth settlement offers
- Weigh the pros and cons of each offer you receive
- Guide you in making a well-informed settlement decision
If a settlement agreement cannot be reached, your lawyer will not represent you in court. They will prepare your evidence and exhibits for court and keep fighting for the financial compensation you need and deserve.
Get a Free Review of Your Truck Accident Case
If you were injured in a recent truck accident, our team at Schiller & Hamilton will help you identify the at-fault party and seek financial compensation. We will review the details of your accident at no cost and listen to your version of events.
Our truck accident attorney will explain the statute of limitations for filing a truck accident lawsuit in South Carolina and the steps we take toward recovering damages. Get started by contacting our case review team today.