Maryland Truck Accident Lawyers: How Long After a Truck Accident Can I File a Claim?
There are exceptions, but three years from the date of the Maryland truck accident is the general deadline by which cases must be filed. In general, this is also the deadline for completing an insurance settlement. If a settlement cannot be reached, then the matter moves into court and the insurance company will be defending the lawsuit and, potentially, settling the personal injury lawsuit.
However, as noted, there are a couple of exceptions. In this article, the Maryland big rig truck accident attorneys at the Law Office of Robert Castro offer some guidance on when truck accident claims and cases must be filed. Our number is (301) 870-1200. We are experienced and highly-rated Maryland truck and auto accident attorneys
Big truck accidents in Waldorf, Maryland, can be very traumatic and often cause severe injuries. Even “low-speed” accidents involving an 18-wheeler can result in devastating injuries and crushed automobiles if only because of the massive differences in weight and mass between a passenger vehicle and a tractor-trailer truck. If you are injured in an accident involving an 18-wheeler, you have a right to make an insurance claim for compensation and, if the insurance claim cannot be settled, you also have a right to file a personal injury lawsuit. In Maryland, there is a strict deadline for when the lawsuit must be filed. That deadline is called the “statute of limitations.” In Maryland, the general statute of limitations for personal injury cases is three years from the date of the accident.
As noted, there are some exceptions. The first exception is a judicial doctrine when the statute of limitations is paused. In legal words, this is most commonly called the “tolling of the statute of limitations.” A statute of limitations can be tolled when a person is unaware that they have been injured or if the wrongdoer engages in fraud or deceit to hide the fact that a person has a legal claim. This happens sometimes in medical malpractice cases. For example, during surgery, the doctor commits some error or malpractice, but the patient does not discover the error/malpractice until some years later. In those cases, the statute of limitations will start running when the patient discovers enough facts to make them aware that they might have a legal claim.
In Maryland, big truck and auto accidents, the statute of limitations is almost never tolled. This is because the date of the accident is well-known to the victim. Accidents are traumatic and definitively put the victim on notice that they may have the legal right to seek compensation. Victims must, therefore, seek medical attention and discover — as fully as possible — any and all injuries that they have suffered. Thereafter, claims for compensation must be made and/or lawsuits filed.
Another exception involves personal claims against the state of Maryland and/or any of its subdivisions. For example, if the big truck was a city truck being driven by a city employee, then the personal injury claim is against a Maryland governmental entity. In such cases, the statute of limitations is only one year from the date of the accident.
Another exception involves cases where one or more victims are minors at the time of a big rig accident. A “minor” in Maryland is anyone under the age of 18. In Maryland, the three-year statute of limitations does not begin to run until the victim turns 18.
Contact Waldorf, MD Personal Injury Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.
