One of the most critical laws truck accident victims must know is the statute of limitations. This law dictates how long you have to file a lawsuit and pursue compensation from the party responsible for your injuries. Salango Law, PLLC, can review your case and explain the deadline that applies.
What Are Statutes of Limitations?
Statutes of limitations are time limits by which certain people must take legal action. They apply in criminal cases, as well as civil cases. The point of statutes of limitations is to set a deadline when legal action must be taken so that cases are heard while evidence is more reliable. Over time, evidence can be lost or destroyed. Witnesses can move out of the state or forget the details of the case. By having a statute of limitations, the justice system ensures cases are brought in a timely manner. Additionally, they provide the defendant with some relief since they know that the right to file a case against them will expire at some point.
Statutes of limitations are critical. If you file your lawsuit after the relevant statute of limitations has expired, the court can dismiss your case as untimely, and you can be barred from recovering compensation.
What Is West Virginia’s Statute of Limitations for Truck Accidents
The general statute of limitations for most personal injury cases in West Virginia is two years. This means that you must file a personal injury lawsuit within two years of the accident date. If you don’t file your personal injury case within this deadline, you can forfeit your right to recover compensation through the civil courts.
Exceptions to the General Statute of Limitations
Like with most rules, there are exceptions to the statute of limitations that can shorten or lengthen it. If a person is legally disabled – either by being under age 18 or mental incapacitation – the statute of limitations does not run until the disability is removed. Therefore, the two-year time limit does not begin until the child turns 18 or the individual’s sanity is restored under West Virginia law. However, the lawsuit cannot be filed more than 20 years after the date of injury. Another law extends the statute of limitations if the defendant leaves the state or goes into hiding.
If your claim is against the government, such as if a city-owned garbage truck hit you, you must provide notice to the chief officer of the government agency and the West Virginia Attorney General within 30 days before you file a lawsuit. The general two-year statute of limitations applies. However, if a child under 10 was injured, they have until the longer of two years from the injury date or the day before their 12th birthday to use.
Don’t Delay – Contact Us Today
If you were hurt in a truck accident, it’s critical that you take prompt legal action to protect your rights. The legal team at Salango Law, PLLC, can meet with you to discuss your situation and explain the relevant filing deadline. Call us today at (304) 342-0512 to learn more.