How to File a Truck Accident Lawsuit
A collision with a truck can result in severe injuries and significant medical expenses. These injuries may hinder your ability to work and carry out your everyday activities.
You may receive compensation from the liable parties. 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 or earnings, pain and suffering, permanent injuries, loss of enjoyment of life, and much more. If jersey city truck accident lawyer loved one was killed in the crash you might be able to claim funeral costs as well as lost future earnings and other losses in a wrongful-death suit.
The amount you will receive as a settlement is contingent on your injuries, the amount of time you had to recover, and your quality of living. Your attorney can help you understand all the possible damage amounts and work with the trucking company to reach a fair agreement.
It isn't always easy to gather all the data needed to prove the cause of truck accidents. This is especially true when dealing with large trucking firms that have legal departments with a good budget and insurance policies worth millions of dollars. It is essential to choose the most competent lawyer you can find because they know where to get the right information, and how to quickly collect it. Evidence of high-tech devices like logs from trucks and government agencies can be crucial to winning your case.
Truck drivers are frequently under pressure from their employers to deliver their loads in an efficient manner. This can lead to accidents. There are numerous other factors that may contribute to a trucking crash caused by improper cargo loading as well as poor road design and driver drug or alcohol abuse. It is crucial to determine the extent to which more than one of you is at fault for your accident so that you can make the proper claims.
In certain instances, punitive damages may also be awarded. These are additional damages which can be awarded to a perpetrator by a judge or jury in cases of a severe or reckless behavior. Your attorney will inform you whether this is an option in your case. They will help you decide whether it is an appropriate decision to take advantage of it or not.
Statute of Limitations
You must submit a lawsuit within a time frame otherwise, the court will not accept it. The statute of limitations varies according to the law of the state and the specific case.
In New York, for example the statute of limitations is three years from the date of the injury. You are able to file a lawsuit for personal injury, property damage and emotional distress. But, this limit can be shortened or augmented by other factors, such as the nature of the claim you are making and the person you're seeking to pursue. 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 has to be filed within one year and ninety days.
Even if you are not certain if you're eligible for compensation, it is important to consult an attorney as soon as you can after your accident. A lawyer will look over your medical records and look into the incident to determine if damages you're eligible for and which insurance companies you should sue, and who is responsible for your injuries.
A lawyer can help you file your claim with the appropriate insurance companies and negotiate an acceptable settlement offer. This is important because trucking companies usually refuse to settle for the amount of damages you are entitled to under state and federal laws. They can also try to convince you to accept a lowball bargain.
In certain situations, a statute of limitation can be "tolled." In certain circumstances for instance, when an individual is exposed to toxic substances or a medical error occurs the clock will cease for a short time. Minors can make use of this rule to stop the clock until they reach maturity, and mental disabilities caused by accidents or previous conditions can also trigger the time limit.
A survival action lawsuit may be filed if you have lost someone you love in a accident. This allows you to seek compensation for the wrongful death from the party responsible. These lawsuits permit the victim's spouse, child parents, siblings or other family members to receive compensation for their loss.
Partial Fault
In the event of a truck accident, it is often difficult to pinpoint the reason for the collision. The crash site may not have clear markings and eyewitnesses' impressions can fade over time. It is imperative to have your lawyer start building your case as soon as you can to obtain witnesses' statements and other evidence prior to when they vanish.
Your attorney may also make use of information from the event data recorder on the truck, also called a black box to determine the cause of the accident. These devices are capable of recording crucial factors like the speed, brake use, and the location at the time of the collision.
A good truck accident lawyer will focus on presenting evidence that shows the truck driver is largely responsible for your injuries. However defense lawyers will try to shift more of the blame onto you, which can reduce the amount they have to pay. It is important to have an attorney on your side to combat their tactics and make an argument that will win compensation.
The court will scrutinize all evidence and decide whether one person is solely responsible for the incident. It will then assign a percentage to each of the parties in the incident. For instance, if the truck driver pulled out in front of you and you were speeding, you could be assigned around 15 percent of the blame. The truck driver will then be given 85 percent of the blame.
Other drivers could be the ones responsible for the accident. This is especially the case if they were driving in blind spots or trying to avoid trucks. Your lawyer will examine the possible sources of fault in order to help you receive the right amount of compensation for your losses and injuries.
Your injury claim covers damages for medical expenses of your injuries, lost income due to being unable work, as well as the psychological and emotional effects of your injury. Your lawyer will fight to recover maximum compensation for these damages. The amount of compensation you get will also be contingent on how severely you were injured during the accident.
Insurance Coverage
Trucking accidents are incredibly destructive and often result in devastating injuries. It is important that victims make a claim as quickly as they can against the accountable parties.
A successful truck accident case will result in compensation for the victim's economic and non-economic losses. Economic damages could include medical bills and lost income, as well as property damage and other costs that are directly incurred as a result of the collision. Non-economic damages, on the other hand, might include pain and suffering and loss of consortium.
To establish a case in the event of a truck collision you'll need to determine the liability and damages, negotiate, and litigate. As previously mentioned, a truck accident is a difficult legal case to resolve, and a lot of the issues involved may not be relevant in other kinds of accidents. Trucking companies can defend themselves by saying that their drivers are independent owners-operators, and therefore not under their control. However this argument is usually ineffective.
During the trial, your lawyer will gather evidence and review the circumstances of the case to build a claim for damage. It is vital to be open with your lawyer regarding the actions you could have taken that contributed to the accident, since this can have a significant impact on the amount of compensation you will receive.
Once you have an understanding of the magnitude of your losses, your lawyer will utilize this information to determine the total value of your case. Your lawyer will, for instance look at the degree of the injuries you have suffered and the impact they have on all major areas of your life. This could include your health, your work as well as your family and your mental and emotional well-being.
As we've already mentioned, it is important to ensure that your lawyer takes into account all the parties who could be responsible for your accident. The more defendants that you can bring a claim against, the greater the potential amount you can collect. However, the defendants could try to profit from your legal dispute and offer low-cost settlements, that's why it's vital to find an experienced lawyer for truck accidents as soon as possible.