In general, you should file a claim as soon as possible after a semi-truck accident. Waiting too long could result in a reduced or denied insurance settlement. In addition, if you do not pursue your case within Florida’s statute of limitations, you may be unable to take legal action.
In Florida, you generally have four years from the date of the accident to file a personal injury lawsuit.
Important Semi-Truck Accident Deadlines
If you or your loved one suffered injuries in a Florida truck accident, you can recover financial damages. However, several deadlines can affect the success of your insurance claims or lawsuits:
- Personal injury protection (PIP) deadlines. According to Florida Statutes § 627.736, drivers must carry a minimum of $10,000 in Florida personal injury protection (PIP) medical and disability benefits and $5,000 in death benefits. PIP pays for injuries to the covered driver and their passengers, regardless of fault for the collision. However, you must seek medical treatment within 14 days of your accident, or insurance may refuse payment. If you have not seen a doctor since your crash, do so immediately. If your PIP insurer denies your claim, the statute of limitations applies to taking legal action.
- Liability insurance claim deadlines. If you have severe injuries and significant medical expenses, you can step outside Florida’s no-fault insurance system and seek compensation with a liability claim against an at-fault driver. You should file a claim as soon as possible after a semi-truck accident. Acting quickly helps to preserve case evidence. Additionally, waiting could give the insurance company a reason to doubt your version of events or even allege your injuries did not occur during the collision. If you cannot agree with the insurance company, the statute of limitations outlines how long you have to pursue a lawsuit.
- Statute of limitations. If you must take legal action, you have four years to file a personal injury lawsuit or two years to sue for Florida wrongful death, according to Florida Statutes § 95.11. The clock starts at the time of injury or your loved one’s passing. Failure to file within the deadlines will likely result in the court dismissing your case. An expired statute may also give the insurance company a reason to deny your claim or reduce your settlement, knowing you can no longer seek compensation in civil court.
What Damages Can You Recover After A Semi-Truck Accident?
After a semi-truck accident in Florida, you can seek the following economic and noneconomic compensation:
- Current and future medical expenses, including ambulance fees, doctor and hospital bills, surgeries, medications, mobility aids, physical therapy, cognitive rehabilitation, and long-term care services
- Lost income, including back pay, bonuses, tips, and benefits
- Lost earning capacity if your injuries prevent you from returning to work
- Personal property damages, including vehicle repair or replacement costs and the value of fixing or replacing other personal items, such as prescription glasses, jewelry, and electronics
- Pain and suffering, including depression, stress, anxiety, severe and chronic pain, disabling injuries, scarring, disfigurement, and other quality-of-life reductions
- Wrongful death, including economic awards on behalf of a loved one’s estate and noneconomic compensation for surviving family members’ mental pain and suffering and intangible losses
Who Is Liable?
To secure damages from a liable party, you must prove that their negligent, wrongful, or reckless actions caused your semi-truck accident. The at-fault party may be the commercial vehicle driver, but your claim will likely include the driver’s employer (i.e., a trucking company).
Depending on the cause of your accident, liability may also rest with a manufacturer, roadway owner, the owner/loader of the vehicle’s cargo, or even a third-party motorist. According to the Federal Motor Carrier Safety Administration (FMCSA), common causes of truck accidents include:
- Driver inexperience
- Overloaded vehicles
- Shifting or unsecured cargo
- Driver fatigue
- Speeding
- Mechanical problems
- Loss of vehicle control
- Long stopping distances
- Driver inattention
- Drinking and driving
Do You Need A Lawyer To File A Semi-Truck Accident Claim?
You are not legally required to hire a lawyer to file your insurance claims or lawsuits. However, securing representation can take the burden of the case off your shoulders. It also provides you with an ally with insurance and legal experience who can let the trucking company and other involved pirates know you mean business.
A semi-truck accident lawyer with our firm can pursue the maximum benefits available under your PIP and seek compensation from all those liable for your crash. We will investigate your accident, prove another party is at-fault, and aggressively negotiate on your behalf. We will not back down from taking your case to trial if necessary. You worry about getting better. We take care of everything else.
Call The Law Offices Of Anidjar & Levine Today
A personal injury lawyer with our firm can help you Daytona Beach accident claim before your time to seek compensation expires. To learn more, contact us for a risk-free, no-cost consultation. A team member is available 24/7 to take your call, answer your questions, and tell you more about how we can take your case at no upfront cost.
