Iowa City, IA – When someone is hurt by a commercial vehicle or truck, their losses are likely to be substantial. They may need payment for medical treatment, lost income and wages, loss of future earning potential, and treatment for trauma and psychological problems. However, a lawsuit will only successfully navigate the legal process if it is filed within a certain time limit. Otherwise, the trucking company and the driver responsible can avoid all liability because the case can no longer be filed.
The state’s statute of limitations
The time limits for all civil injury cases are governed by the state’s statute of limitations. In Iowa, this time limit is generally set at two years from the date of the incident.
While two years may seem like a substantial amount of time, lawsuits and the legal process can take time. Therefore, it is always better to start the process early rather than risking a total loss of all potential compensation if the statute of limitations has expired.
Exceptions to these time limits
There are some rare situations where a victim may still be able to file a case after two years, but it is always better to try to file as soon as possible. One exception is for a defendant that has left the state of Iowa. Their time of residency in another state or jurisdiction is generally excluded from this two year time limit.
Accident victims who are either under the age of eighteen or mentally incapacitated may also receive an extension to these time limits. This technicality exists because the person may not have been able to actually bring the case before reaching adulthood or during a period when they were not mentally sound. In these situations, the victim will have an extra year to bring the case after they reach adulthood or regain their mental health.
Other procedural matters
Civil procedural has a number of complex rules that ensure proper application of issues such as jurisdiction, venue, and timeliness. It is imperative that any truck accident victim get help from an experienced injury lawyer who knows how the local courts work to be able to follow these rules and bring their case successfully. It is possible that procedural mistakes can cause an entire lawsuit to be dismissed and the victim will not receive any compensation.
Local injury lawyers are available to help
Eells and Tronvold Law Offices assist local clients in the Iowa City area with civil cases against the person or business responsible for their injuries. After an incident, victims can contact the firm to learn more about the specifics of receiving compensation for their losses.
Firm contact info:
1921 51st Street NE, Cedar Rapids, IA 52402-2400