Truck Accident in Southern Illinois: What is the Deadline for Filing a Personal Injury or Wrongful Death Case?

By April 3, 2014 Trucking Accidents

After a truck accident in Southern Illinois, you have a limited period of time in which to file a personal injury or wrongful death claim to obtain compensation for your injuries or for the loss of a loved one. The time limit in which you must file your claim is called the statute of limitations and is different from state to state. If you file your claim after too long of a period of time and the statute of limitations has passed, your claim will be time barred and you will not be able to obtain compensation for your losses.

When you are represented by an experienced Southern Illinois truck accident lawyer at Carey, Danis & Lowe, our attorneys will make sure you file your claim on time. We keep up-to-date on all deadlines applicable to your case and we not only make sure your claim is filed in a timely manner but we also respond in a timely manner to all court motions and pleadings.  This way, we ensure your case is not delayed and none of your rights are jeopardized because of a failure to act on time.

The Statute of Limitations for a Truck Accident Claim

After you have suffered a truck accident that caused injury in Southern Illinois, you have a period of five years to file your claim, unless the accident involved a death.  If it involved a death in Southern Illinois, you have three years from the date of death. The five year period begins to run on the date when the injury happened.  If the truck accident causes the death of a family member, on the other hand, you have three years from the date when the death occurred in which to file your claim. The statute of limitations in wrongful death cases begins to run at the time of the death.

In some circumstances, injuries are not apparent immediately after they occur. When this happens, a discovery rule can sometimes apply and start running from the date when you learn of the injury. In Missouri, however, there is no discovery rule to extend the statute of limitations in truck accident claims. This is one reason it is so important to go to the doctor immediately after your truck accident so you can have all of your injuries properly diagnosed.

When an accident injures a minor who is under the age of 18, special rules apply regarding the statute of limitations. Minors are not able to file a lawsuit on their own behalf, although a parent or guardian can file a lawsuit for them.  If a minor chooses to wait until becoming an adult to take legal action for truck accident injuries, this may be permissible since the statute of limitations generally does not begin to run until a minor reaches age 18.

To learn about how the statute of limitations applies in your case or for help making a claim to ensure you protect your right to truck accident compensation, contact Carey, Danis & Lowe today.

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