Motor vehicle accidents involving 18-wheelers are some of the most catastrophic accidents that can occur. The average commercial truck, when it is loaded, can weigh more than 80,000 pounds. However, the average passenger vehicle weighs only about 3,000 pounds. The sheer size of 18-wheelers can cause serious, if not fatal, injuries when involved in a collision with an automobile. These accidents often result in either personal injury or wrongful death lawsuits. If you, or a loved one, is ever involved in such an accident, you need to know the deadline for filing personal injury and wrongful death claims.
What does “statute of limitations” mean?
All civil lawsuits have what is known as a “statute of limitations.” That is the period of time in which you are required to file your lawsuit in court. After that period of time ends, your lawsuit cannot be filed or will be dismissed. The length of this limitation period depends on the type of claim presented in the lawsuit. It also depends on the state where the action is being filed.
Each state establishes its own statute of limitations periods for different causes of actions recognized in that state. So, it is important to discuss the limitations that apply to your claims, with a personal injury attorney in your state, in order to protect your rights.
What is the purpose of a statute of limitations?
Statutes of limitations periods are imposed by courts for good reason. Limiting the time someone can file a lawsuit is important for a practical matter because useful evidence is often corrupted or destroyed over time. The scene of an accident will likely change, a witness’s memory may fade, company records may have been destroyed. So, it is always better to bring a lawsuit sooner, rather than later.
Statute of Limitations Period in Missouri
In Missouri, the time limit for bringing a personal injury claim in civil court is five (5) years. Injury claims that involve the negligence of a government agency or government employee, are governed by a different set of rules. In Missouri, an injury claim against the state government must be filed with the Office of Administration’s Risk Management Division. You have only 90 days to file a formal claim against a city in Missouri. In Missouri, the statute of limitations to file a wrongful death lawsuit is three (3) years, starting from the date of the decedent’s death.
Statute of Limitations Periods in Arkansas
In Arkansas, the statute of limitations, gives you three years after an injury to file your lawsuit in court. Generally, the deadline is calculated from the date of your injury or whatever triggered your injury. However, if for some reason you could not have discovered your injuries until sometime later, the three years may run from this “discovery” date instead.
When claims against the government are permitted, the time limit to file a claim against an Arizona government entity is five (5) years. The statute of limitations period is three (3) years in wrongful death claims, beginning from the date of the victim’s death. Arkansas has a minor tolling statute in wrongful death cases. This tolling statute allows a victim, who was a minor at the time of the injury, to file a lawsuit three (3) years after his or her 21st birthday.
If you have questions regarding the applicable statute of limitations for your claim, or any other personal injury or wrongful death questions, please contact the Cottrell Law Office, either only or by calling us at (888) 433-4861.
He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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