Often, filing a claim through your insurance company or the at-fault truck driver’s insurance company is the best route to recovering compensation for your injuries after an accident. Sometimes, though, filing a lawsuit—rather than an insurance claim—is the only way to get your full damages amount.
When filing a lawsuit after a truck accident, it’s important that you understand the laws surrounding personal injury suits in Pennsylvania, as well as the statute of limitations for a truck accident.
When You Have the Right to File a Lawsuit
In Pennsylvania, you have the right to file a lawsuit to recover monetary damages you sustained because of the accident. This includes things like medical bills, vehicle repairs, and more. But if you purchased limited tort car insurance, you cannot file a lawsuit for pain and suffering damages unless you meet one of several exceptions. A few of them are below.
- You suffered serious injuries causing permanent impairment or disfigurement
- You were a pedestrian at the time of the accident
- The driver who caused the wreck was drunk
- And more
Each case is unique so it’s worth talking to an attorney to see which, if any, exception will allow you to file a lawsuit for pain and suffering if you have limited tort insurance. If you purchased full tort car insurance, on the other hand, you have the right to file a lawsuit for pain and suffering regardless of the extent of your injuries.
Statute of Limitations for Filing a Lawsuit
The second important thing to know when thinking about filing a lawsuit for damages after a truck accident is the legal time limit for doing so, known as the state’s statute of limitations.
In Pennsylvania, Consolidated Statutes Section 5524 reads that, “an action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another” must be commenced within two years’ time following the date of the incident. New Jersey also follows a two-year statute of limitations.
The statute of limitations applies to both personal injury and wrongful death lawsuits after a truck accident.
What else do I need to know about a lawsuit after a truck accident?
Also to filing within the particular time frame required, you’ll also have to prove negligence and damages to recover compensation. For more information about how to show both—and the components of each—you’ll need the assistance of a professional in the law.
For a free case consultation to discuss the specifics of your unique truck accident claim and injuries, don’t wait to call the attorneys at Cordisco & Saile LLC. We’re ready to get to work as soon as you’re prepared to meet. Contact us now at 215-642-2335.