How to File a Truck Accident Lawsuit
A crash involving a truck could result in severe injuries and expensive medical costs. These injuries can affect your ability to work or carry out your daily tasks.
You may seek compensation from the responsible parties. However, you may need to file a lawsuit in order to do so. A licensed New York truck accident lawyer can assist you.
Damages
In a suit for a truck crash you can seek many damages that include medical expenses for the current and future, loss of income along with pain and discomfort, permanent injuries, and loss of enjoyment of your life. In a wrongful-death suit, you can claim funeral costs and future earnings lost and other losses if your loved one was killed in the accident.
The amount you can get as a settlement depends on the severity of your injuries, duration of your recovery and the quality of your living. Your attorney can help to identify the potential damages and work with trucking companies to negotiate an acceptable settlement.
It isn't easy to collect all the necessary information to prove fault in truck accidents. This is especially true when dealing with large trucking firms that have legal departments with a good budget and insurance policies that amount to millions of dollars. It is important to hire the best lawyer for your case because they know where to get the relevant information and how to quickly gather it. For instance evidence from high-tech equipment or trucking logs as well as government agencies could be the key to winning your case.
Truck drivers are often under pressure to deliver their cargo on time and often do not have enough time to rest or sleep which can lead to trucking accidents. There are numerous other factors that can contribute to a trucking crash which include improper loading of cargo or design of the road, as well as driver drug or alcohol abuse. It is essential to determine if more than one party was at fault for the accident in order to file the proper claims.
In certain cases there are instances where punitive damages can be awarded. These are additional damages which serve as a punishment for the offender and may be awarded by a jury or judge if there was reckless or extreme behavior. Your attorney will let you know whether this option is possible in your situation. They will assist you in deciding if it is worthwhile to pursue this option.
Statute of limitations
If you want to file a truck accident lawsuit and you want to file it within a specific period of time, or the court will not accept the case. The time frame for filing a lawsuit is different according to state law and the specific case.
For instance, New York has a statute of limitations of 3 years from the date of the injury or death. You are able to make a claim for personal injuries and damages to property and emotional distress damages. However, this limitation could be reduced or increased based on other factors, such as the nature of the claim you are filing and the party you are suing. Claims against municipalities, for instance are subject to a shorter time frame. New York City, for instance, requires a notification of claim to be filed within 90 days, and the lawsuit must be filed within a year and ninety days.
Even if you're certain whether you qualify to receive compensation, it's essential to consult with a lawyer as soon as possible after your accident. A lawyer will go through your medical records and look into the accident to determine which damages you're eligible for and which insurance companies you should sue and who is accountable for your injuries.
A lawyer can help you submit your claim and negotiate a fair settlement with the insurance companies. This is essential because trucking companies can be hesitant to pay for the damages you are entitled to pursuant to federal and state law. They may also attempt to convince you to sign up for a low-cost price.
In certain circumstances a statute of limitations may be "tolled." In certain situations like when a person is exposed to toxic substances or when a medical mistake occurs, the clock will stop for a short period of time. Minors are able to use this rule to stop the clock until they reach legally able to do so. Mental handicaps resulting from accidents or previous illnesses can be put on hold.
A survival action lawsuit can be filed if you have lost someone you cherish in a truck accident. This will allow you to seek compensation for the wrongful death from the person responsible. These types of lawsuits permit the spouse or children, parents or other family members to be compensated for loss resulting from the death of their loved ones.
Partial Fault
In the case of truck accidents it can be difficult to determine the specific cause of the collision. The crash site may not have clearly marked areas and the memories of witnesses will fade over time. This is the reason why it's crucial for a lawyer to begin developing your case as soon as possible to obtain witnesses' statements and other crucial evidence before it vanishes.
Your lawyer may also utilize the information recorded by the truck's event data recorder, also known as a blackbox to determine what led to the accident. These devices are capable of recording crucial factors like the speed, brake use, and the location at the time of the accident.
A good attorney for a truck accident will insist on proving that the driver of the truck is in large part responsible for your injuries. The defense will try to shift blame on you in order to reduce the amount they need to pay. It's important to have an attorney on your side who can counter their tactics and create a convincing argument to win compensation.
When a judge reviews all the evidence, it will determine whether one party was completely responsible for the incident and determine a percentage of the blame to each party involved. If, for instance the truck driver pulled in front of your vehicle while you were speeding up then you could be given 15 percent of the blame. The truck driver will be assigned 85 percent of the blame.
Other drivers in the vicinity could be the cause of the crash, especially in the event that they were trying to avoid trucks or driving in their blind spots. Your lawyer will examine all of the potential sources of fault to help you obtain fair compensation for your injuries and loss.
Your injury claim will include damages for medical expenses as well as lost income due to being unable work, and emotional and psychological impacts. Your attorney will fight for maximum compensation. The amount you are awarded will depend on the degree of your injuries.
Insurance Coverage
Trucking accidents can be extremely destructive and, often, cause catastrophic injuries. It is important that victims make a claim as quickly as possible against the responsible parties.
A successful truck accident lawsuit will usually include the victim's economic and non-economic losses. Economic damages could include medical bills and lost wages, as well as property damage, as well as other costs incurred as a direct result of the collision. Non-economic damages include discomfort and pain as well as loss of companionship.
In order to make a case for a truck-related accident you'll need to determine the liability, calculate damages, negotiate, and litigate. A truck accident is a complex legal matter, and some aspects involved may not be present in any other kind of accident. Trucking companies can defend themselves by asserting that their drivers are independent owners and operators, and therefore not under their control. However this argument is typically untrue.
In the course of litigation your lawyer will prepare an action for damages by gathering evidence and reviewing the details of the case. It is important to be open with your attorney about any actions that you may have taken which could have contributed to the accident. This can be a significant factor in the amount of compensation you receive.
Your lawyer will determine the value of your case based upon the information you provide. For instance your lawyer will look at the degree of your injuries and the impact they've had on all major areas in your life. daly city truck accident lawyer could be a matter of your health, to your family and work, to your psychological and emotional wellbeing.
As we've already mentioned, it is important for your lawyer to consider all the parties who could be at fault for your accident. The more defendants you can sue, the more money you could recover. The defendants may try to profit from your complex legal claim by offering low-ball settlements. This is why you should work with an attorney who handles truck accidents right away.