The types of compensation you can recover after a trucking accident in Fort Lauderdale depend on the specific circumstances of your accident, including the severity of your injuries, the financial impact, and how your life has been affected. Compensation should account for both immediate and long-term financial consequences.
Because every trucking accident case is unique, the actual compensation available varies from case to case. Our Fort Lauderdale truck accident lawyers assess damages and help our clients pursue compensation.
How is Compensation Calculated in a Truck Accident Case?
Determining the full value of your claim often requires a detailed analysis of medical records, employment history, expert opinions, and the circumstances of the accident. The kind of compensation you can expect from a truck accident claim is generally divided into economic damages and non-economic damages.
Economic damages, or financial losses, cover tangible losses with a clear dollar value, including:
- Medical expenses (emergency care, hospital stays, surgeries, rehabilitation, and future treatment costs)
- Lost wages for time missed from work
- Reduced earning capacity if your injuries prevent you from returning to your job or limit your ability to work
- Property losses, including vehicle repairs or replacement
- Out-of-pocket expenses related to the accident, such as transportation costs for medical appointments
Non-economic damages, or intangible losses, compensate for the personal and emotional toll of the accident, including:
- Pain and suffering caused by physical injuries
- Emotional distress, anxiety, depression, or PTSD
- Loss of enjoyment of life if you can no longer participate in activities you once enjoyed
- Permanent disability or disfigurement
Damages for Fatal Truck Accidents
If your loved one was killed in a trucking accident in Fort Lauderdale, surviving family members may be able to file a wrongful death claim in Florida. This type of claim seeks compensation for the financial and emotional losses resulting from the person’s death.
Surviving family members may be eligible for:
- Funeral and burial expenses
- Lost income and benefits the deceased would have provided
- Medical bills related to the accident before the victim passed away
- Loss of companionship, care, and guidance
- Pain and suffering experienced by surviving family members
We know you are going through a difficult time right now. Money will never make up for your tragic loss, but your family deserves to have their pain acknowledged. Our Fort Lauderdale wrongful death lawyers will seek all possible forms of compensation to help ease some of your family’s burdens.
How Long Do I Have to File a Claim for Compensation After a Trucking Accident?
Florida Statutes § 95.11 limits the amount of time you have to file a lawsuit for injuries. In most cases, the statute of limitations for personal injury claims is two years from the date of the accident.
If the crash resulted in a fatality, surviving family members typically have two years from the date of death to file a wrongful death lawsuit. However, certain factors may affect these deadlines, so it’s important to understand your legal rights as soon as possible.
Do I Need to Go to Court to Recover Compensation After an Accident in Fort Lauderdale?
Not necessarily. Many truck accident claims are resolved through insurance settlements without the need for a trial. However, whether your case settles or goes to court depends on several factors:
- If Liability Is Disputed: If the trucking company or its insurer argues that you were at fault or denies responsibility, a lawsuit may be necessary to prove negligence.
- If the Settlement Offer Is Too Low: Insurance companies may offer settlements that do not fully reflect the extent of the damages. If negotiations don’t result in a fair offer, filing a lawsuit may be the next step.
- If You Have Severe or Long-Term Injuries: Cases involving catastrophic injuries, permanent disabilities, or wrongful death often involve higher compensation amounts, making insurers more likely to fight back.
- If the Insurance Company Delays or Denies the Claim: Insurance claims may take time to resolve, and some claimants experience delays in the process. Taking legal action may be the only way to move forward.
Even if you file a lawsuit, many cases still settle before going to trial through mediation or further negotiations. However, if a fair settlement cannot be reached, your case may proceed to court, where a judge or jury will determine the outcome.
Can I Still Recover Compensation if I Was Partially at Fault for the Truck Accident?
Florida Statutes § 768.81 establishes a modified comparative negligence rule for some personal injury claims. This means you can still recover compensation if you were partially at fault for the trucking accident as long as you were not more than 50 percent responsible for the crash. However, your compensation will be reduced based on your percentage of fault.
How Can a Truck Accident Lawyer Help Me Get Compensation?
A truck accident lawyer can help strengthen your case by:
- Gathering Evidence: It’s important to present strong evidence that supports your claim. Looking for evidence, talking to experts, finding witnesses, and other forms of gathering proof are a lot for an accident victim to take on. Your lawyer can take on these tasks, making sure we gather all relevant information.
- Managing Communications: Dealing with insurers is overwhelming and frustrating, especially if you are still recovering from your injuries. Let your attorney field these calls and emails and protect you from insurers who may not have your best interest at heart.
- Negotiating a Fair Settlement: We want to ensure all of your losses are included in settlement discussions and will advocate for the full amount. If a fair settlement isn’t offered, we can file a lawsuit to pursue compensation in court.
Our Fort Lauderdale personal injury lawyers can handle everything while you focus on healing.
Contact The Law Offices Of Anidjar & Levine for a Free Consultation
If you’ve been injured in a trucking accident in Fort Lauderdale, you may have questions about your legal rights and options for pursuing compensation. The Law Offices of Anidjar & Levine can review your case and help you understand your next steps.
We offer free consultations to discuss your situation and answer your questions. Contact us today to schedule your consultation and learn more about how we can assist you.
