How to File a Truck Accident Lawsuit
A car accident could cause major medical expenses and severe injuries. These injuries could hinder your ability to work and carry out your everyday tasks.
You can seek compensation from the parties responsible. However, you may have to file a lawsuit to achieve this. A New York truck accident attorney can help.
Damages
There are a myriad of damages that you could claim in a truck accident lawsuit that include future and current medical expenses such as income loss, pain and suffering, permanent injuries or loss of enjoyment life, and much more. If a loved one has died in the crash you could be able to claim funeral costs and future earnings lost and other losses in a wrongful death suit.
The amount you will receive as a settlement will depend on your injuries, the amount of time you have spent recovering, and your quality of living. Your attorney can help you understand all the possible damages and work with the trucking company to reach a fair agreement.
Gathering all the information needed to prove fault can be a challenge in truck accidents, especially when you're dealing with major trucking companies that have huge legal departments and million-dollar insurance policies. It is crucial to find the most competent lawyer you can find because they know where to find the correct information, and how to quickly collect it. For instance evidence from high-tech equipment like trucking logs and government agencies could be the key to winning your case.
Truck drivers are often under pressure from their employers to get their loads in a timely manner. This can lead to accidents. However, there are also numerous other factors that could contribute to a trucking crash due to improper loading of cargo or maintenance as well as poor road design and even driver alcohol or drug consumption. It is crucial to determine if more than one party was at fault for the accident in order to file the proper claim.
It is also important to know that there are a few instances where punitive damages can be claimed as well. These are additional damages that function as a form of punishment for the offender, and they can be given by a juror or judge if there was reckless or extreme behavior. Your attorney will let know whether this option is available in your particular case. They will help you decide if it is worth the effort to pursue this option.
Statute of limitations
If you want to file a truck accident lawsuit in court, you must file it within a specific period of time or the court will not consider the case. This is referred to as the statute of limitations and it is based on the state's law and the particulars of your case.
In New York, for example, the statute of limitations is three years following the date of the injury. You are able to file a lawsuit for personal injury or property damage, as well as emotional distress. But, this limit can be reduced or increased based on other factors, including the nature of the claim you are filing and the party you are suing. Claims against municipalities, for example are subject to a lower time frame. New York City, for example, requires a notice of claim to be filed within 90 days, and a lawsuit must be filed within a year and ninety days.
Get a lawyer in touch immediately following your accident, even if not sure if you are eligible for compensation. A lawyer will review and scrutinize your medical records to determine what damages you are entitled to and which insurance companies you file a lawsuit against, and who is responsible for your injuries.
A lawyer can assist you file your claim with the appropriate insurance companies and negotiate for an appropriate settlement offer. This is important as trucking companies will often refuse to pay the amount you are entitled to pursuant to federal and state law. They might also attempt to convince you to accept an offer that is too low.
In some cases the statute of limitation may be "tolled." This means that the clock ceases ticking for a certain amount of time in certain circumstances such as exposure to harmful substances or medical negligence. Minors are able to use this rule to stop the clock until they reach majority, and mental handicaps caused by accidents or other ailments can also stop the limitation.
A survival action lawsuit may be filed if you have lost someone you love in a crash. This will allow you to seek compensation for wrongful death from the responsible party. These types of lawsuits allow the spouse or children, parents or other family members to be compensated for losses resulting from the death.
Partial Fault
It's hard to pinpoint the exact cause of the reason behind a truck accident. The scene of the crash might not be obvious, and the memories of witnesses can fade with time. It is imperative that your lawyer starts building your case as quickly as possible in order to gather witness statements and other evidence prior to when they disappear.
Your attorney can also use data from the event recorder on the truck, also known as a black box to determine the reason for the accident. These devices are able to record important factors such as speed of the vehicle, brake usage and location at the time of the accident.
A good truck accident lawyer will be focused on presenting evidence that shows the truck driver was mostly responsible for your injuries. The defense will try to shift blame on you in order to decrease the amount they are required to pay. It is essential to have an attorney on your side to combat their tactics and make an argument that will win compensation.
The court will look over the evidence thoroughly and decide if one party is solely responsible for the accident. The court will then assign a percentage to each of the parties that was involved. For instance, if the truck driver came out in front of you as you were speeding, you could be assigned 15 percent of the fault. The driver of the truck would receive 85 percent of the blame.
Other drivers in the area could be responsible for the crash, especially in the event that they were trying to pass trucks or driving in their blind spots. Your lawyer will investigate every possible source of fault and help you get fair compensation for your injuries and loss.
Your claim for injury will include damages for medical expenses as well as lost income due to being unable work, and emotional and psychological impacts. Your lawyer will fight for the highest amount of compensation. The amount of damages you are awarded will depend on the severity of your injuries.
Insurance Coverage
Accidents involving trucks can be catastrophic and result in severe injuries. It is essential that victims seek compensation as soon as they can against responsible parties.
A successful lawsuit for a truck accident will typically include compensation for the victim's economic and non-economic losses. The economic damages can include medical bills as well as lost income, property damage and other costs that are directly incurred in the aftermath of the collision. Non-economic damages, on other hand, could include suffering and loss of consortium.
In order to build an argument for a truck crash, you will need to establish liability and calculate damages in negotiations, and then litigate. As we've said earlier that a truck-related accident is a complex legal case to resolve, and a lot of the issues that are involved may not be relevant in other types of accidents. Trucking companies could try to defend themselves by saying that their drivers are independent owners-operators, and therefore not under their control. However this argument is usually not true.
During the process of litigation your lawyer will gather evidence and review the facts of the case to prepare a claim to damages. It is crucial to open up with your attorney regarding any actions you might have made that could have contributed to the accident. This can affect the amount of compensation that you receive.
Once you've a clear understanding of the magnitude of your losses, your lawyer will utilize this information to determine the total value of your case. green bay truck accident law firm will, for example look at the severity of the injuries you are suffering and their impact on all major areas of your life. This could include your health, work, your family, and your mental and emotional health.
As we've mentioned, it is crucial that your lawyer consider the various parties that could be at fault for your accident. The more defendants you have the ability to file a claim against, the more potential funds you could recover. However, defendants may attempt to capitalize on your complicated legal claim and offer low-ball settlements, which is why it's essential that you work with an experienced lawyer for truck accidents whenever you can.