Injury Claim Process FAQ

Frequently Asked Questions

The Process for Truck Accident Personal Injury Claims

At The O'Quinn Law Firm, our attorneys and staff often get questions about the injury claim process. Attorney John Leach has provided the following FAQ to help answer some of your questions.

How Long Do I Have to File My Lawsuit?

You must file your truck accident claim within a certain period or else you may lose your right to pursue your claim. In the case of accidents causing injuries, you have two years from the date of the accident. However, in the case of an accident that causes the death of another, the family has to file a wrongful death suit within two years after the death of their loved one. The suit must be filed and process must be made within two years. Simply contacting the company about the accident is not enough to toll the statute of limitations in these cases.

How long does a claim take?

Many trucking accident claims result in a personal injury settlement. This can occur anytime from a few days after hiring an attorney to a few years. If a case does not settle and goes to trial, a claim will take about 2-3 years.

Will my case go to trial?

While most cases settle short of trial, there is no way to predict which cases will result in an injury settlement and which will result in a jury verdict. A major factor is the preference of the plaintiff; some would rather get a smaller personal injury settlement quickly than go through a full trial that may bring a much larger verdict.

Where will a claim be filed?

The question of venue is a very complex one. In the Texas Civil Remedy and Practice Code, it is covered in Chapter 15, which has more than 100 sections.

However, the general rule applies in most cases. The general rule is that a claim will be brought either in the county in which the incident occurred or in the county of the defendant's residence. If you are suing a company, the venue will be in the county of the defendant's main office. It is very rare for the case to be processed in the plaintiff's home county.

How much money can I get?

The damages you can collect depend on the specifics of the injuries suffered and of the truck accident itself. See our Actual Damages and Punitive Damages pages for more information.

How much will it cost?

Almost all attorneys working in personal injury law, which includes truck accident litigation, work on contingency. This means that they charge no attorneys' fees until a settlement or verdict is achieved. When the recovery is won, the attorneys take a percentage. If there is no recovery, they charge no fee.

Contact Us

You probably have many more questions about personal injury settlements and trials. Contact us and sign up for a free initial consultation with one of our lawyers. We have a 24-hour answering service and have evening and weekend appointments available.

We have a 24-hour, 7-day-a-week answering service.

Se habla español