The majority of instances involving truck accidents are settled out of court. A personal injury attorney may be able to settle out of court if they can prove their client suffered damages as a result of the defendant’s negligence.
The insurance company for the at-fault party will usually settle for your requested amount rather than go to trial if they think your proof would hold up in court. However, truck accident claims come with many complications.
Depending on the severity of the injuries and the amount of compensation involved, some cases may go to court because of the higher financial stakes. A truck accident lawyer can help to clarify and provide you with specific information about your claim, but in the meantime, let’s take a look at truck accident claims and the reasons a case might go to court.
What is the Likelihood of My Truck Accident Claim Going to Court in Florida?
While most personal injury cases do not make it to the courtroom, the chance of going to court for a truck accident increases when there are costly implications due to prolonged medical treatment needs or loss of life.
Since truck accidents cause so much damage, the injuries can be catastrophic and have lifelong consequences. The costs to treat the victims can easily be in the millions over a lifetime.
When a commercial trucking company is involved, they may choose to go to court to reduce their losses in a case if they believe they have a valid legal argument and can find sympathy with the jurors. However, juries are unpredictable, and the risk and expense of going to court may outweigh the benefits for the party at fault.
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Negotiating With Insurance Companies
When a legal disagreement arises between parties, such as insurance companies, they often try to find an acceptable settlement without going to court. This is beneficial for both sides, as insurance companies need to weigh the risks of pursuing an uncertain outcome in court.
Negotiations between the involved parties can help both sides come to a mutually beneficial resolution while avoiding the expenses associated with taking the matter to trial. Having a lawyer can help you because attorneys are strong negotiators and will be prepared to move the issue to court.
Regardless of who was at fault in the accident, be mindful of what your rights are following an accident with a truck and prepare yourself for any legal proceedings arising from such incidents. You can get the legal guidance you need by working with a truck accident lawyer.
If Your Case Does Proceed to Court
If you’ve been involved in a truck accident and cannot agree on the responsible party’s insurance claim, your lawyer may advise that taking your case to court is the most viable option. At trial, you and your lawyer must present evidence of negligence on behalf of the responsible party.
The court will then decide if they are liable for damages and how much those damages should be. Your legal team will gather evidence such as
- Witness testimony
- Accident reconstructionists
- Engineers or medical professionals as expert witnesses
- Pictures of the scene, physical evidence, or broken vehicle parts
- Black box or EDR data
- Inspection and maintenance records for the truck
- Repair bills for your car, medical bills, past pay stubs
- Medical evaluations to prove the extent of your injuries
This process can be intimidating without a lawyer who will accompany you throughout the entire case. Your truck accident lawyer will present all evidence that demonstrates the defendant’s liability and attempt to prove that they should owe you compensation for damages incurred.
The judge or jury will take into consideration any factors pertaining to liability when making their decision.
How Long Do I Have After a Truck Accident to File a Claim in Court
It is important to note that states have regulations, commonly known as the statute of limitations, which restrict victims from filing a personal injury lawsuit over a certain amount of time after an incident occurs. Depending on where your accident occurred, the statute of limitations will vary.
It can also change depending on the victim’s age, the crash’s circumstances, whether or not the government is involved, or if you are pursuing a wrongful death lawsuit. Your personal injury lawyer can guide you, but in Florida, the statute of limitations for personal injury in a truck accident is 2 years from the date of the accident.
If prospective plaintiffs wait too long after an accident before taking legal action, then they may be barred from having their case heard in court. It is important then for victims and their families to begin working quickly with a truck accident attorney to prevent missing any crucial court filing deadlines.
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What Damages Are Recoverable in a Court Case for a Truck Accident In Florida?
Whether or not your claim goes to court, your truck accident attorney will calculate the value of your claim and pursue compensatory damages for your losses. They will begin by sending a demand letter to the insurance company first.
Damages you can pursue might include:
- Medical expenses, current and future
- Lost Wages
- Property Damage
- Emotional trauma
- Loss of future earning potential
- Loss of consortium
Get Help With a Truck Accident Claim By Speaking With a Personal Injury Law Firm in Florida
After a truck accident, it is important to protect your interests. Having a lawyer on your side can make this process much easier, and The Schiller Kessler Group is here to help. Our attorneys understand the complexities of trucking laws and are experts in helping you determine the best course of action.
We can look into factors that may impact your claim or suit and fight for the compensation that you deserve. Our firm can help you with no out-of-pocket cost.
We work on a contingency fee basis, which means that if we do not recover compensation for you through a settlement or in court, you owe nothing.
Contact us today to find out more about how the truck accident lawyers of the Schiller Kessler Group can help.