When you survive a collision with a heavy truck, your world may be turned upside down. Serious injuries, the loss of a loved one, or psychological damage from the traumatic event can be overwhelming.
After your injury, the clock starts ticking. This is because of the statute of limitations.
What does ‘Statute of Limitations’ mean?
Statutes of limitations establish a time period within which a lawsuit must be filed. They vary by state. Personal injury cases are a type of civil case. This means they occur between two parties, where one is suing the other, and it is not a criminal lawsuit.
For truck-wreck attorneys like the ones here at Craig, Kelley & Faultless, civil cases often involve truck drivers and trucking companies. If our client suffered injuries in a wreck caused by a semi driver’s negligence, the civil case would be between our client (the plaintiff) and the trucker and their trucking company (the defendants).
The statute of limitations is the deadline by which you must settle or file your lawsuit. Typically, you cannot file legal action to receive compensation after the statute of limitations passes and the person who injured you doesn’t have to pay you for your damages.
If the statute of limitations is two years, and a client comes to us with a wreck that occurred four years ago, we cannot file legal action to get them compensation.
The sooner after the incident that you seek legal action, the better. You should not wait to hire a personal injury attorney. In fact, some lawyers will not take a case that is too close to the statute of limitations. You should always talk to an attorney to learn the applicable statute of limitations and if there are any exceptions that may apply.
Statute of limitations for personal injury cases in St. Louis
The Missouri statute of limitations for personal injury cases is typically five years.
Missouri has a longer statute of limitations than other states where Craig, Kelley & Faultless has licensed attorneys:
- Illinois, two years
- Indiana, two years
- Iowa, two years
- Kentucky, for two years (For motor vehicle accidents only; any other injury is 1 year).
- Ohio, two years
- Tennessee, one year
Because Missouri has such a long period (statute of limitations) by which to settle or file a lawsuit, some victims of a severe wreck may wait or be told to wait. This is a mistake.
If you or someone you know is seriously injured in an accident with a large truck, an experienced truck wreck attorney should be contacted immediately. Evidence such as downloads from the semi’s engine control module (ECM) or other electronic evidence will be lost if not preserved soon after the wreck. Other evidence from the scene, vehicles, and witnesses must also be preserved.
I think I have a personal injury case. What do I do?
If your personal injury occurred in St. Louis, Indianapolis, or anywhere else in Missouri, Indiana, Illinois, Iowa, Kentucky or Ohio, call Craig, Kelley & Faultless today for a free consultation.
Our personal injury attorneys have represented hundreds of large truck wreck survivors. We understand how overwhelming it can be to face injury, medical bills and an uncertain future.
Again, the statute of limitations is important to your case’s viability. Reach out to a personal injury lawyer as soon as possible.
Reach us at (800) 746-0226 or with our online form.
David W. Craig sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
Chris Barry is a partner with Craig, Kelley & Faultless. He is a member of the Academy of Truck Accident Attorneys. He is an experienced truck accident attorney and is part of a team that fights for victims of commercial motor vehicle accidents in Missouri. Chris is licensed to practice law in Missouri, Illinois and Indiana.
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