Hit by a semi-truck in Iowa and do not know what your legal options are? It is very important to know how long you have to file a claim after a truck crash.
This article will talk about how long you have to file a claim for a truck accident in Iowa and what might happen if you do not do it in time. You can find more information about truck crash cases at https://fightingforfairness.com.
Understanding the Statute of Limitations.
A rule called the “statute of limitations” says how long you have to file a case. In Iowa, you only have two years from the date of the damage to file a personal injury claim. This includes truck crashes. In other words, you probably will not be able to file a case again if you do not do it within two years of the accident.
Some things do not have to wait two years. In this case, the discovery rule might apply if you did not know right away how bad your injuries were. The discovery rule can make it take longer to start a case.
Exceptions to the two-year deadline.
The deadline of two years is not set in stone. There are times when the date can be pushed back. The following are some common exceptions:
- Discovery rule: This rule is used when someone is not aware of being hurt or sick at the time of the accident. The time limit starts running when the person sensibly finds out about the accident.
- Minority: If you were under 18 years old when the accident happened, the time limit may be tolled, which means it is put on hold until you turn 18.
- Reasonable mental incapacity: If you cannot understand what happened at the time of the accident, the time limit may be pushed back until you can.
- Fraud: In the case of fraud, the statute of limitations may be extended if the offender lied about the crash or your injuries.
These are just a few of the situations where the two-year schedule is not followed. You should talk to a lawyer as soon as you can if you think that an exception might apply to your case.
What are the consequences of missing the deadline?
If you do not file your case by the due date, you probably will not be able to sue the person who caused the issue in question. In other words, you will not be able to get money for your losses, like hospital bills, lost pay, and pain and suffering.
There are very few exceptions to this rule. Sometimes, even if you missed the limit, the court may still let you file a claim. But this is not likely.
Why is the statute of limitations important?
There are several reasons why the statute of limitations is important. For starters, it helps make sure that cases are made quickly while the proof is still new. Proof can be lost or destroyed over time, which makes it harder to prove your case.
Another thing is that the statute of limitations helps protect clients from claims that are too old. It might be hard for the defendants to defend themselves if the case was filed years or even decades late.
What should you do if you have been in a truck accident?
If you have been in a truck accident in Iowa, you need to talk to a lawyer right away. A lawyer can help you figure out what your rights are, if you have a case, and how to get proof and file your case before the time set by the law.
It is very important to get medical help if you think you might be hurt. Get as much proof as you can from the scene, like videos, photos, and what witnesses said.
Hiring an experienced lawyer can help you get through the court system and protect your rights, which can improve your chances of getting compensation for your injuries.
Image by Renee Gaudet from Pixabay
