If you or a family member suffered serious injuries in a Deerfield Beach, FL, truck accident, our law firm could help you recover the compensation you deserve. Call us immediately after the accident to see how our Deerfield Beach personal injury lawyers can help you.
Who Is Responsible for My Truck Accident Injuries?
If you suffer serious injuries in an auto accident, we typically file a third-party liability claim based on the at-fault driver’s auto insurance policy. This policy should cover your expenses and losses after your personal injury protection (PIP) policy pays out. However, this works differently when the at-fault driver is a trucker.
Due to a legal doctrine called vicarious liability, the truck driver is likely not the only party responsible for your accident injuries. The trucking company may be liable for any actions its employees take while on the job.
This means that if you qualify to file a liability claim after your crash, we can likely also hold the trucking company or other corporation that employs the negligent trucker financially liable for your damages. This allows us to collect compensation based on their large corporate insurance policy instead of an individual driver’s smaller policy limits.
Occasionally, someone other than the truck driver may cause a trucking accident. This commonly occurs when a defective part or poor maintenance causes a crash. We can help you identify the responsible party or parties based on the facts of your Deerfield Beach case.
Why Is It Important To Call a Truck Accident Attorney Soon After I Suffer Injuries?
It takes a lot of evidence to prove negligence and damages in a Deerfield Beach commercial truck accident case. To ensure we can collect all available evidence, we encourage you to call us immediately after your accident. While this is important in any car accident claim where serious injuries occur, it is even more important in a truck accident claim.
Our Team Will File a Spoliation Letter on Your Behalf
Because of all the federal and state regulations placed on truck drivers and trucking companies, there is significant evidence in the form of logs and data available in these crashes. However, it is all in possession of the trucking company. This is why one of the first things we do in your case is to send a spoliation letter to preserve this evidence.
This letter informs the trucking company of our intent to file a claim in your case and requests they collect and protect documentation related to the crash. This may include:
- The trucker’s rest logs
- Truck maintenance logs
- Data from onboard computers in the truck
- Results from mandatory post-accident drug and alcohol testing
- Information related to the driver’s training and history
- Images and other documentation of the damage to the truck
Without this evidence, it would be difficult to prove your truck accident claim. Imagine a truck driver fell asleep behind the wheel and caused your accident. Their logs might show missed rest periods.
The truck’s data recorder would show they failed to hit the brakes in the seconds before the accident. This would support our claim and help us recover the full payout you deserve.
What is the Statute of Limitations for a Florida Truck Crash?
After you sustain injuries in a truck crash in Florida, according to Florida Statutes § 95.11, you only have two years to file a personal injury lawsuit against the negligent parties. It’s best to file soon after you get medical care so you know the status of your injuries and claim them as damages.
Depending on the details of your crash, you may have more or less time to file your claim. A personal injury attorney from our Deerfield Beach team can examine your case and tell you if your case qualifies for an extension and exactly how long you have.
If you wait too long to file a lawsuit, you could lose the ability to recover compensation. After the statute of limitations runs out, you may no longer be able to hold the negligent party accountable. That’s why you must get in touch with a personal injury lawyer as soon as possible.
What About Deadlines for a Wrongful Death Lawsuit?
We send our deepest condolences if you lost someone you love in a truck crash. We know money can never replace your loved one, but it can help you relieve some of the financial stress. To get compensation for your loved one’s death, you only have two years from the date of their death.
We understand that you are focusing on time with your loved ones, not on taking legal action. However, the earlier you file your claim, the higher your chance of building a strong case to seek justice for your loved one. If you have any questions during the process, one of our personal injury attorneys can answer them.
We are here for you every step of the way.
What Can I Expect During the Claims Process?
We need to understand exactly how and why the accident occurred and all the factors leading up to it. Our law firm has a team of accident reconstructionists and other experts who help us investigate these crashes. Once we get to the bottom of what happened and have analyzed all available evidence in the case, we are ready to pursue compensation.
We typically send a demand letter to the trucking company, legal team, or insurance company. In this letter, we outline our case, describe our evidence, and ask for specific compensation based on your damages. This provides a place for the settlement negotiations to begin.
This negotiation process goes back and forth until we reach a fair settlement or until it becomes apparent, they will not give us a just payout. If we cannot reach the settlement you deserve after aggressive negotiations with the trucking company and their insurer, we can file a civil suit against them. We can present your case to the judge and ask them to award you a fair payout for your damages.
What Damages Can I Recover After a Truck Collision?
After you get into a Deerfield beach truck crash, you’re likely to have suffered losses. With the help of a personal injury attorney from our team, you can recover several damages and compensation for your pain. Some of the damages you can recover are:
- Property damage
- Loss of income
- Medical expenses
- Punitive damages
- Emotional distress
- Loss of consortium
- Pain and suffering
You could be eligible to receive many other damages after your accident. Our truck accident lawyers can review your case and tell you what damages you qualify for. Many people who have been in truck collisions believe they don’t qualify for damages, but many times, they do.
Our team has recovered millions of dollars for injured Floridians; we want to help you, too.
Does My Case Qualify for Punitive Damages?
Punitive damages are a special type of damage you could be eligible for if one of our lawyers can prove the negligent party intentionally hurt you. Punitive damages punish the defendant and discourage them and others from repeating the negligent actions.
For example, in a truck accident, if a truck driver intentionally swerved into your lane and hit you, you could sue them for punitive damages. A judge or jury usually determines if a case qualifies for punitive damages, but one of our attorneys can tell you if the negligent party’s actions qualify.
If you do, you’ll be able to collect additional money for your settlement while holding the liable parties accountable. While this damage is rare in truck crash cases, you could still qualify. If we believe you are eligible, we’ll fight for you to collect this damage.
How Much Is My Truck Accident Case Worth?
It is impossible to know exactly how much your truck accident case is worth until we reach a settlement or the judge announces your award. As a part of our investigation, however, we will calculate an approximate value of your claim. This requires:
- Collecting documentation of your damages
- Totaling your financial losses and expenses
- Enlisting the assistance of experts who can help us understand your future care costs
- Putting a value on your pain and suffering damages
Once we know the approximate range where we believe a fair settlement should fall, we will discuss this value with you. While this is only an estimate, it will help us understand if and when the insurance company offers a fair settlement in your case.
How Can a Lawyer Help Me Negotiate with the Insurance Company?
When meeting with the insurance company, you should always have an experienced lawyer. Insurance companies have one goal: profiting off of your accident case. They achieve this goal by using misleading tactics that question the negligence of the parties that contributed to your injuries and even the facts of the accident.
But our personal injury lawyers can defend you and your settlement against these tactics. We’ll ensure you get a settlement that matches your needs, so you don’t have to worry about going into medical debt. We’re ready to fight for a fair settlement on your behalf.
What Can I Do to Protect My Personal Injury Claim?
There are several things you can do to protect yourself physically and financially after an accident.
Get Medical Care
The first thing you should do after an accident is call the police and EMS to the scene of your accident. This ensures there is a record of your accident and helps to tie any injuries to the crash. It also ensures you get the care you need.
If you did not get medical attention at the scene, go to the emergency room, urgent care, or schedule an appointment with your doctor. Be sure to follow all their recommendations and attend all appointments.
Do Not Give a Recorded Statement
The other party’s insurance company will likely call you soon after an accident requesting a recorded statement. Do not give one. The insurer will use this against you, asking leading questions and attempting to trap you.
Instead, direct any questions the insurance adjuster has toward your legal team.
Do Not Accept a Settlement Without Discussing With Your Lawyer
The insurance company wants to save as much money as it can. This means it will likely offer you much less than you deserve for your injuries. If you accept this offer, you cannot recover more compensation later.
Run any offers you receive by us. We can tell you if it’s a fair offer; if not, we can negotiate for a higher amount.
Talk to a Truck Accident Lawyer in Deerfield Beach, FL, for a Free Consultation
The Law Offices of Anidjar and Levine offers free case reviews to truck accident victims and their families. If you or a loved one suffered injuries in a Deerfield Beach, FL, big rig accident, we could assist you in submitting a personal injury claim and fighting for the money you need to pay for your medical expenses, lost wages, pain and suffering, and related losses.
Call us or fill out the contact form on our website to schedule a free case consultation. Our legal team is ready to prove the negligence of the parties that caused your injuries and get you the compensation you need.
We Can Help.