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How to File a Truck Accident Lawsuit A truck accident may result in serious injuries and expensive medical costs. These injuries could hinder your ability to perform your everyday tasks. You can get compensation from the accountable parties. But, you may have to file a lawsuit in order to do so. A New York truck accident attorney can help. Damages There are many types of damages you could claim in a truck accident lawsuit including future and current medical expenses, loss of income or earnings, pain and suffering, permanent injuries as well as loss of enjoyment life, and much more. In a wrongful-death suit, you can claim funeral expenses and future losses in earnings and other expenses if a loved one was killed in the accident. The amount you could receive as a settlement depends on the severity of your injuries, the time you spent recovering, and your quality of living. Your lawyer can help you determine the potential damages and work with the trucking company to negotiate a fair settlement. Getting all the necessary information to prove fault is a difficult task in the case of truck accidents, particularly when you are dealing with major trucking companies that have huge legal departments and billion-dollar insurance policies. It is important to hire the best lawyer for your case because they know where to find the relevant 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 pressured to deliver their loads on time and also have insufficient time to rest or sleep, and this can contribute to trucking accidents. There are numerous other factors that could contribute to a trucking crash that could cause a crash, including improper cargo loading or maintenance as well as poor road design and even driver drug or alcohol usage. It is important to determine if more than one person was responsible for the accident in order to file the appropriate claims. In certain instances the punitive damages could be awarded. These are additional damages that act as a type of punishment to the person who committed the offense and can be awarded by the jury or judge if there was extreme or reckless behavior. Your attorney will inform you whether this is an option for your case. They will help you decide if it is worthwhile to pursue this option. Statute of Limitations You must make a claim within a time frame otherwise the court won't accept it. The time frame for filing a lawsuit is different depending on the state law and your specific case. For instance, New York has a time limit of three years from the date of injury or death. You can file a claim not only for personal injuries, but also for damages to property, as well as emotional distress damages. But, this limit can be shortened or augmented by other factors, including the type of claim you are filing and the person you are suing. For example, claims against municipalities are usually subject to limitations that are shorter. New York City, for instance, requires a notification 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 whether you qualify to receive compensation, it's crucial to speak with a lawyer within the shortest time possible following your accident. A lawyer will look over the medical records of your doctor and study the incident to determine if damages you are eligible for and which insurance companies you should be suing, and who is responsible for your injuries. A lawyer will assist you to submit your claim to appropriate insurance companies and negotiate for an appropriate settlement offer. This is important as trucking companies often refuse to compensate you for the damages that you are entitled to due to state and federal law. They may also try to convince you to sign a lower deal. In miami gardens truck accident attorney of limitations can be “tolled.” This means that the clock ceases ticking for a short period of time under certain conditions such as exposure to harmful substances or medical malpractice. Minors can make use of this rule to stop the clock until they reach legally able to do so. Mental handicaps caused by accidents or previous illnesses can be stopped. A survival action lawsuit can be filed if lost someone you cherish in a truck accident. This allows you to seek compensation for the wrongful death from the responsible party. These lawsuits allow the victim's spouse, children, parents or other relatives to be compensated for their losses. Partial Fault It's hard to pinpoint the exact cause of the reason behind a truck accident. The site of the crash may not have clearly marked areas or even eyewitnesses' stories will fade over time. It is imperative that your lawyer starts building your case as soon as possible in order to gather witnesses' statements and other evidence prior to when they vanish. Your attorney can also use information from the event recorder of the truck, also called a black box to determine the root of the accident. These devices can be used to record important elements like speed as well as brake usage, and the position at the moment of the accident. A good truck accident attorney will concentrate on proving that the truck driver is largely responsible for your injuries. However, the defense will try to shift some of the blame to you, which can reduce the amount they have to pay. It's important to have an attorney on your side to defend against their tactics and present a compelling case to get compensation. The court will review the evidence thoroughly and decide which party is the solely responsible for the accident. The court will then assign a percentage to each of the parties in the incident. If, for example, the truck driver backed up the direction of your car when you were speeding up, you may be assigned 15 percent of the blame. The driver of the truck will be given 85 percent of the blame. Other drivers in the area could be responsible for the accident, particularly if they were trying to pass trucks or drove in their blind spots. Your lawyer will look into the possible causes of fault so that you can get the right amount of compensation for your injuries and losses. Your injury claim covers the medical costs of your injuries, the loss of income from being unable to work, as well as the emotional and psychological effects of your injury. Your lawyer will fight to recover maximum compensation for these damages. The amount of compensation you are awarded will also depend on how severely you were injured in the accident. Insurance Coverage Trucking accidents can be traumatic and can cause serious injuries. It is essential that victims make a claim as quickly as they can to the accountable parties. A successful truck accident case will result in compensation for victim's economic and non-economic losses. The economic damages can include medical bills as well as lost income, property damage, and other expenses which were directly incurred because of the collision. Non-economic damages, on the other hand, could include suffering and loss of consortium. The process of establishing the basis for a claim in a truck crash involves determining liability as well as calculating damages, negotiating and litigating. As mentioned earlier an accident involving a truck is a complicated legal matter to pursue, and many of the issues that are involved may not be relevant in other types of accidents. For instance, trucking firms are able to defend themselves against liability by saying that their drivers are independent owners and operators and therefore not under their control, but this argument is oftentimes invalid. During the litigation process your lawyer will construct an argument for damages through collecting evidence and reviewing the facts of the case. It is crucial to be honest with your lawyer about any actions you might have made that led to the accident, since this could have a significant impact on the amount of compensation you will receive. When you have a good understanding about the extent of your losses, your attorney will utilize this information to determine the total value of your case. For instance the lawyer will be looking at the degree of your injuries and the impact they have had on all major areas in your life. This could include your health, your work with your family, your emotional and mental well-being. As we have already mentioned, it is crucial to ensure that your lawyer takes into account the various parties that could be at fault for your accident. The more defendants that you can assert a claim against the more potential funds you can collect. However, the defendants could try to profit from your complicated legal claim and offer low-ball settlements, which is why it's essential that you work with an experienced truck accident lawyer whenever you can.