Apart from fatalities, truck accidents can leave victims with lifelong injuries leading to large medical bills, income losses, and other costs. You could have legal recourse if you or a loved one suffered significant injuries and other damages in an accident with a negligent truck driver, company, or another liable party. You should connect with a Brandon personali injury lawyer as soon as possible. Call the Law Offices of Anidjar & Levine now for a free consultation with one of our dedicated team members: 1-800-747-3733.
Proving Liability in a Truck Accident
Proving liability in a truck accident can be challenging. Moreover, victims who are looking to recover a settlement will have to prove negligence with compelling evidence, which can include accident reports, witness statements, traffic camera footage, and other material. At-fault parties in truck accidents can include:
- The truck driver
- The trucking company
- The company owning the truck
- A third-party company responsible for service and maintenance
- The truck manufacturer
The crucial aspect of prevailing in these cases requires your attorney to establish that negligence occurred. Negligence is a reckless, careless, or intentional act that resulted in your truck accident. If you can show the other party was negligent, they could be on the hook for your damages.
Building a case against a driver or company can be tricky and requires in-depth knowledge of how truck companies operate and the rules and regulations they must adhere to. Claims may also require the assistance of expert witnesses such as accident reconstruction experts and others. A Brandon truck accident lawyer can work tirelessly to build your case and prove negligence.
Settling a Truck Accident Claim
Truck accident victims and their families may suffer from financial hardship after a serious crash. Naturally, crash victims will be keen to find out when they could expect compensation, especially when their medical bills and wage losses are stacking up. Since every claim is unique and there is no average settlement or average timeframe, it can be challenging to estimate how long it takes before victims could receive damages. However, the length it takes to settle can depend on the following factors:
The Extent of a Victim’s Injuries
If you suffered extensive and perhaps disabling injuries, you may wish to wait before filing legal action. To recover adequate compensation that covers all your present and future damages, it can be advantageous to file suit only after you have achieved the maximum possible recovery.
Consequently, it could take longer to receive compensation. However, it will be easier for your doctors to know which future treatments you may need and the cost associated with those treatments. In turn, your truck accident attorney can then estimate your future damages accordingly.
Truck accidents can be challenging to resolve and prove and may entail a variety of defendants. A truck accident attorney may have to spend a considerable amount of time and effort researching a claim and determining liability. At-fault parties will likely fight your claim vigorously, which can lead to lengthy court battles.
Negotiating with Insurance Companies
If there are several liable parties in your claim, there may also be several insurance companies to communicate and negotiate with. Your attorney will want to analyze insurance policies and negotiate with the insurers to come to an agreement or out-of-court settlement. While this can take some time, an out-of-court settlement can prove less time-consuming than going all the way to trial.
Patience Can Pay Off
If your lawyer and the liable parties cannot agree on an adequate settlement, your case will most likely go through the courts. However, rushing to achieve a settlement is not necessarily a good idea. Being patient when it comes to settlement negotiations can be advantageous in the long run.
Insurance companies typically have an interest in settling a claim quickly and cheaply. However, agreeing to settle too fast can lead to leaving a victim out of pocket. Having a Brandon truck accident lawyer handle insurance negotiations and protecting your best interests can take weight off your mind and help you recover what you deserve.
Compensation You Could Receive After a Brandon, FL, Truck Accident
The medical and work-loss costs of accidents can be sky-high. According to the National Highway Traffic Safety Administration (NHTSA), medical bills and other expenses of motor vehicle accidents totaled $23.4 billion in 2010 alone.
Accidents with commercial trucks can destroy lives and cause horrific injuries. An average 18-wheeler truck weighs many times more than that of a normal passenger car and can crush a small vehicle in an instant.
Compensation in a truck crash will depend on the extent of the victim’s injuries and the circumstances of a crash. In general, victims of a negligent truck driver or company can seek the following damages as well as others:
- Any present, past, and future medical expenses relating to the accident
- Physical therapy
- Lost income and future lost income
- Loss of future earning capacity
- Modifications to a victim’s home or car
- Pain and anguish
- Emotional suffering
- Loss of life quality
- Loss of a limb or a sense
Unfortunately, accidents with large and heavy trucks rarely end well for car occupants and other road users. According to the Insurance Institute for Highway Safety (IIHS), most fatalities in truck accidents are passenger vehicle occupants. You could also potentially receive other damages if a loved one was killed in the accident.
The best way to find out what your specific case may be worth is to consult with a dedicated truck accident lawyer who can analyze your claim and advise you thoroughly. Call the Law Offices of Anidjar & Levine today for help.
Don’t Let Delays Derail Your BrandonTruck Accident Lawsuit
Waiting to file your truck accident lawsuit could put your chances of recovery in jeopardy. This is because of a legal deadline called the statute of limitations. Every state has a statute of limitations, and Florida is no exception. It exists to prevent lengthy delays between serious injuries and their corresponding civil suits.
In Brandon, the statute of limitations is governed by Florida Statutes § 95.11(3)(a). Under this statute, a person hurt in a truck accident has four years from the date of the collision to file their lawsuit. Like with many aspects of the law, some exceptions could extend this deadline. For example, an injured party who was under the age of 18 at the time of the truck accident is typically given more time to pursue their case.
Exceptions might exist, but it is risky to assume they will apply to the statute of limitations in your case. If a judge disagrees and you file your lawsuit after the statute expires, you can expect the defendant to seek to have your case dismissed with prejudice. A dismissal with prejudice means that not only is your case dismissed, but you are also prohibited from filing the same case ever again. This harsh outcome is possible, no matter how strong your underlying negligence case might be.
Pursuing Your Truck Accident Case with No Upfront Attorney’s Fees
The prospect of filing an injury lawsuit after a truck accident can be a lot to take on for most people. In addition to managing your medical treatment and dealing with financial challenges, the addition of a complex legal action could be too much for most people. The good news is that an attorney from our firm can not only handle your injury claim, but our team could take on your case with no upfront legal fees.
In fact, you will never owe us anything for our services unless we recover compensation for your injuries. Our firm operates on a contingency fee agreement. This agreement allows us to pursue compensation on your behalf without ever paying us anything upfront. Instead, we will retain a portion of the money we recover on your behalf. That means if you get nothing from your case, you will not owe us anything.
Because there is no upfront cost for your injury case, your financial circumstances should never prevent you from pursuing justice after a truck accident. You can also move forward with your physical recovery, knowing that your injury case is in the hands of a team committed to recovering the damages you deserve.
The Law Offices of Anidjar & Levine Can Assist You in Many Ways
We go the extra mile when it comes to helping truck accident victims. If you got hurt in a truck accident, you do not have to struggle by yourself. Ways in which we can help you can include:
- Researching your accident thoroughly
- Gathering evidence
- Calculating and proving your damages
- Negotiating with insurers and at-fault parties
- Taking your case to trial if necessary
If a negligent company, driver, or third party caused your accident, they should make you whole again and pay for your damages. The Law Offices of Anidjar & Levine can work on holding the at-fault party to account while you are free to concentrate on getting better and recovering from a potentially traumatic and painful experience.
Contact us now for a free case review if you would like to find out more about how we could help you with your truck accident claim.
We Can Help.