Recovering fair compensation from a truck accident insurance claim will take time. This is due to the fact that many factors come into play, and each case is different. Investigations of accidents take time, as well as negotiations with insurance companies.
A lawyer can help you estimate the total value of your damages from the truck accident, which include losses and out-of-pocket expenses. Be aware that an initial offer from an insurance company may come quickly, but this does not always mean that it reflects the fair amount of compensation owed to you. Insurance companies may try to settle quickly while more thorough investigations could reveal what fair compensation would really look like in your case.
To successfully resolve a truck accident insurance claim, some of the other factors you must wade through include obtaining evidence, investigating the accident, recovering from your injury, negotiating an award, or even filing a lawsuit.
Preparing Evidence for Your Truck Accident Claim
Some important forms of evidence from a truck accident in Florida may include, but not limited to:
- A police report
- Photographs
- Traffic surveillance video
- Eye-witness testimony
- Medical documentation
- All accident-related reports
The more evidence you can generate against the defendant, the stronger your claim for compensation will be. When looking into specific evidence, medical documents will be key, especially if an insurance agreement cannot be reached and a personal injury lawsuit must be filed. Your medical documents will only prove that you suffered an injury; it is up to you or your lawyer to show that your injury was caused by the defendant’s actions.
Photographs of the truck accident can also be powerful assets for your fight for compensation. Key photographs can document your injury, the scene of the truck accident, property damage, or the opposing driver’s insurance information.
Ultimately, there is no telling how long it could take you to obtain the evidence your case may require. If you are still in recovery while pursuing legal action, this may only increase the amount of time it will take to prepare evidence.
Investigations into Fault, Liability, and Negligence
When a party is at-fault and liable for the accident, they are thus legally responsible for the accident and any subsequent damages. This is critical because it can require a defendant to compensate a victim for their damages.
An insurance company may look to prove that the plaintiff was partially at-fault and liable for the accident. If they are partially liable, it will impact their settlement award. If they have no fault in causing the accident, it may require a longer claims process to establish that the truck driver or trucking company was the only liable party behind the accident.
To prove the defendant is liable for a Florida truck accident, you must prove they acted negligently. Negligence can take place when a subject does not provide a legal duty of care to another party. If a reasonable person would have acted differently under similar circumstances, this would also prove negligence.
Your Injury Recovery from a Truck Accident
With more serious injuries from a truck accident, you may be required to remain under the care of a hospital for long periods of time. It is recommended that plaintiffs remain under the care of their doctors until they have been discharged before accepting a settlement offer.
The extent of your injuries and the medical treatment you received will impact your total damages. Until you discern the full scope of your injuries, you should not accept an insurance offer. Your Fort Lauderdale truck accident attorney will represent you during all your meetings with insurance adjusters, protecting you from their attempts of cornering you into accepting a low-ball settlement.
Negotiating a Truck Accident Settlement
In order for a truck accident claim to settle, there must be negotiations for an award. This is the last step in the claims process, and it can only happen once the previously mentioned steps have taken place. Negotiations can last for long periods of time, especially with high-value cases.
Factors such as liability amongst both parties, total damages, and insurance coverages could impact the settlement process. Additionally, it may take several settlement offers to be submitted until a settlement is reached.
Pursuing a Truck Accident Lawsuit After an Insurance Settlement in Florida
If a settlement cannot be reached, the plaintiff must file a personal injury lawsuit within four years from the date of the truck accident, according to Florida Statutes § 95.11(3)(a).
If a loved one lost their life from a truck accident in Florida, your family may also pursue a wrongful death lawsuit. Generally, these claims must be filed within two years from the date of death, according to Florida Statutes section 95.11(4)(d).
Start a Truck Accident Claim in Florida with the Law Offices of Anidjar & Levine
According to the Insurance Institute for Highway Safety (IIHS), large trucks could weigh 20 or 30 times more than some passenger vehicles.
If you or a loved one has been involved in a truck accident, you may be suffering from physical, emotional, or financial damages. At the Law Offices of Anidjar & Levine, we can fight for fair compensation on your behalf. Contact us today at (800) 747-3733 to request a free consultation or contact our truck accident lawyer.
