Every truck accident case is different, which means you do not always have to go to court for a truck accident.
If you have been involved in a truck accident in Florida, you may be experiencing losses and out-of-pocket expenses. These are known as your damages, and you can work towards earning a settlement during either an insurance claim or personal injury lawsuit.
While a lawsuit will require both parties involved in the truck accident to meet in court, an insurance claim can be settled out of court. Insurance claims are typically the first step plaintiffs take towards earning compensation for their damages. Once a claim is completed, the plaintiff is obligated to no longer pursue legal action against the defendant.
If an insurance claim does not result in a settlement, plaintiffs can file litigation to potentially earn a favorable judgment in their truck accident case. Thus, you do not have to go to court for a truck accident.
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Identifying an At-Fault Party from Your Truck Accident
Before you can begin to negotiate for an insurance settlement out-of-court, you must prove the opposing party caused your injury and other damages related to the truck accident.
This will involve you proving that the defendant was at fault. During a truck accident, you may look to prove the truck driver or the trucking company was at fault. Under some situations, both parties could share fault in causing the accident. An example of this could be if the truck driver was texting while driving with a trailered load that was loaded unsafely by the trucking company or a shipping company.
To prove fault, you may turn to a police report that was filed after the accident. Here, on-scene law enforcement may have already labeled the at-fault party. During either an insurance settlement or lawsuit, you will need to establish a liable party. Liability means a party is responsible for the accident and any financial implications that have resulted from it.
If you can prove the defendant in your truck accident acted with negligence, you can hold them liable for the accident during an insurance claim or a lawsuit. The American Bar Association also explains that “conduct becomes ‘negligent’ when it falls below a legally recognized standard of taking reasonable care under the circumstances to protect others from harm.”
Negotiating an Out-of-Court Truck Accident Insurance Claim
Once an investigation into fault, liability, and negligence has been completed, you can then turn your attention towards negotiating an insurance settlement. It may require an insurance company to submit several offers before you have received one that covers the full value of your damages.
It is important to note that you are not required to accept an insurance offer, especially one that is below the value of your claim. Negotiations may continue until both sides have reached an agreement or until the plaintiff is left to file a lawsuit.
When parties of an insurance claim require medical treatment, this can make the claims process longer. Until a party has been released from their medical care, negotiations may be on hold. Once a party leaves their medical treatment completely, they will then understand the total value of their injuries. This will then allow that injured party to fully determine the value of their damages.
Going to Court for a Truck Accident After Insurance Negotiations
If you are required to file a personal injury lawsuit for your truck accident, you must do so according to Florida Statutes § 95.11(3)(a), which typically grants claimants four years to file the claim.
This is known as the statute of limitations, and a late filing of your truck accident lawsuit may result in a judge dismissing your case.
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The Law Offices of Anidjar & Levine Will Handle Your Truck Accident Legal Battle for Compensation
According to data published by the Federal Motor Carrier Safety Administration (FMCSA), injuries in large truck and bus crashes rose 8% between 2016 and 2018 in the U.S. In 2018 alone, the FMCSA states that there were an estimated 121,000 injury crashes.
If you have been involved in a truck accident in Florida, a truck accident lawyer from the Law Offices of Anidjar & Levine can fight for justice and fair compensation on your behalf. When faced with ongoing injuries that require you to be hospitalized, a Florida truck accident lawyer can become an invaluable asset to your claim during this troubling time.
Our firm will investigate your accident, fight to obtain evidence of fault and liability against the defendant, and will argue your claim all on your behalf. To request a free consultation, contact us today at 1-800-747-3733. We can tell you whether you have to go to court for your truck accident.