Recovering damages from a truck accident is an involved legal process. You must report your accident, prove its cause, and identify the liable party. The process also involves assessing and documenting your financial recovery and dealing with the insurance company and its adjuster. Finally, it means negotiating with the insurance provider or going to court if you cannot secure a fair settlement.
A Fort Lauderdale truck accident lawyer who has previously handled cases like yours can describe what to expect during the truck accident claims process. A local personal injury law firm will offer a free review of your case and handle all legal and insurance matters for you. Hiring a lawyer to guide you through the process also means you can focus on recovering without losing time to build your insurance claim or file your lawsuit.
The Truck Accident Claim Process Means Proving the Elements of Negligence
To recover damages for a truck accident, you must prove negligence caused it. That means proving the legal elements of negligence, including:
- Duty of care
- Breach of duty
- Causation
- Damages
These elements can identify the at-fault party, which can complicate truck accident claims. Truck accident liability could attributed to:
- The truck driver: For driver errors or negligence
- The trucking company: For unsafe practices or improper training
- A truck repair shop: For faulty truck maintenance and repair
- The cargo loading facility: For improperly loaded or secured cargo
- A truck or parts manufacturer: For flawed or faulty truck or parts designs
Identifying the elements of negligence can lead to the identification of one or more at-fault parties. A truck accident lawyer can help you seek fair compensation.
Your Accident Police Report is a Critical Part of Your Truck Accident Evidence Collection
Proving financial liability for your truck accident claim starts with building a persuasive evidence collection. One of the first items your Fort Lauderdale personal injury lawyer will add to your case file is typically the official police report. It will indicate:
- Accident causes and contributing factors
- Tickets or citations issued to the trucker
- Police-generated photos and video footage
- Diagrams and narratives from the investigators
- Contact details for any accident witnesses
Additional supporting evidence can include accident reconstruction, expert testimonials, and medical records that describe your injuries.
Expect to File an Insurance Claim or Lawsuit During the Truck Accident Process
More often than not, your personal injury attorney will resolve your truck accident case with an insurance claim, not a court case. Filing an effective claim means:
- Reporting your accident to the at-fault party’s insurance provider
- Identifying and proving the negligence that caused the accident
- Assessing and documenting your financial expenses and losses
- Collecting and submitting evidence and a settlement demand letter
The final part of an insurance claim is reaching a settlement, which typically involves multiple rounds of negotiations. You will make a demand, receive an offer, and may make appropriate counteroffers. If an agreeable settlement is not forthcoming, you may have to go to court for a final resolution.
You Have a Small Window to File Your Lawsuit in Florida
The state has a statute of limitations that defines how much time you have to file your lawsuit. In general, Florida Statutes § 95.11 gives you two years to file a personal injury or wrongful death lawsuit.
With the limited exceptions in Florida Statutes § 95.051, the statute of limitations is mandatory. If you do not file your lawsuit on time, the court could prohibit you from filing it, and the insurance adjuster could refuse to negotiate.
Expect to Document Your Damages During the Truck Accident Claims Process
You could be entitled to compensation from multiple at-fault parties after a truck crash. You could also be entitled to multiple types of compensatory damages. The economic damages you can request include:
- Current and future medical bills
- Current and future lost wages
- Loss of future earning potential
- Property damage or destruction
Recoverable non-economic damages can include:
- Disfigurement and impairment
- Physical pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
Recoverable wrongful death damages can include:
- Funeral and burial expenses
- Loss of the decedent’s income
- Loss of household contributions
- Loss of consortium and support
- Loss of companionship and care
Truck accident lawyers understand the importance of accurately assessing your damages. Your attorney can help you avoid overlooking valid forms of compensation and avoid having the insurance company undervalue or underpay your personal injury claim.
Your Attorney Will Collect Evidence of the Truck Accident’s Financial Aftermath
Your evidence collection in your truck accident case can prove the monetary value of your compensation request. It will generally contain the following items:
- Medical bills
- Written prognosis
- Proof of income
- Prescription receipts
- Ambulance bills
- Car repair receipts
- Car replacement estimates
Track your medical care from the accident scene. Keep a file with bills, referrals, and other evidence of your medical costs. Include repair costs, paycheck stubs, and other evidence of your post-accident costs.
How a Commercial Truck Accident Attorney Can Help You Seek Compensation
You are not required to hire a lawyer when you pursue damages after a Florida truck accident. However, if you do hire an attorney, they can take care of many of your injury claim’s details, including:
- Handling verbal and written communication
- Keeping you updated on your claim’s progress
- Drafting and filing your insurance claim or lawsuit
- Identifying and consulting relevant expert witnesses
Your lawyer can also help you gain access to evidence you might have a hard time accessing on your own. This can include speed detectors, tickets, and blood alcohol content results, if applicable.
Call (954) 633-8270 to Get Help Navigating the Truck Accident Claims Process
If you or a loved one was injured or a loved one was fatally injured in a truck accident, you could be entitled to compensation. Our truck accident lawyers can help you seek damages and clarify what to expect during the truck accident claims process.
Please find out how hard we will fight for you and devote time to clarifying all your legal options. Contact our personal injury law firm at the Law Offices of Wolf & Pravato to get started with a free initial consultation today.
