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How to File a Truck Accident Lawsuit A car accident could cause significant medical expenses and severe injuries. These injuries may hinder your ability to work and perform your daily activities. You may be able to get compensation from the responsible parties. However, you may have to file a suit to achieve this. A New York truck accident attorney can help. Damages There are many types of damages that you could claim in a truck accident lawsuit, including current and future medical expenses, loss of income or earnings, pain and suffering, permanent injuries and loss of enjoyment of life, and much more. If a loved one has died in the crash you might be able to claim funeral expenses, lost future earnings, and other losses as part of the wrongful death suit. The amount you can receive in settlements will be contingent on the severity of your injuries, how much time you're spending recovering and how badly your quality of life has been affected. Your attorney can help you understand all the possible damages and work with the trucking company to reach a fair agreement. Gathering all the information needed to prove fault can be a challenge in the event of a truck accident, especially when you're dealing with large trucking companies that have huge legal departments and billion-dollar insurance policies. However, it is essential to hire the most competent lawyer you can find, as they will know where to look for the right information and how to obtain it quickly. Evidence from high-tech devices such as trucking logs or government agencies can be crucial to winning your case. Truck drivers are often under pressure to be on time to deliver their loads and often do not have enough rest or sleep time, and this can contribute to trucking accidents. However, there are also several other factors that can cause a trucking collision caused by improper loading of cargo or maintenance or design of roads, and even driver alcohol or drug consumption. It is crucial to determine if more than one party was at fault for the accident in order to file the proper claims. It is also worth noting that there are instances where punitive damages can be requested as well. These are additional damages which can be awarded to a wrongdoer by a judge, or jury in the case of extreme or reckless behavior. Your lawyer will inform you if this is an option in your case. They will assist you in deciding whether it's a good idea to take advantage of it or not. Statute of Limitations If you decide to file a truck accident lawsuit, you must do so within a certain amount of time or the court will not consider the case. This is known as the statute of limitations, and it differs based on the state's laws and particulars of your case. In New York, for example, the statute of limitations is three years following the date of the injury. You are able to file a lawsuit for personal injury and property damage as well as emotional distress. This limit may be affected by other factors such as the type of claim and the person you are suing. For instance, claims against municipalities are generally subject to an earlier limitation period. New York City requires, for example, that a claim be filed within 90 days and a lawsuit be filed within a year and ninety-days. Even if you're not sure if you're eligible for compensation, it's important to consult a lawyer as soon as possible after your accident. A lawyer will review your medical records and research the accident to determine which damages you're eligible for, which insurance companies you should sue and who is responsible for your injuries. A lawyer can assist you present your claim and negotiate a fair settlement with the insurance companies. This is crucial because trucking companies are often unwilling to pay the damages you are entitled to according to federal and state law. They might also attempt to convince you to accept a lowball offer. In certain situations a statute of limitations may be “tolled.” In certain situations for instance, when an individual is exposed to toxic substances or when a medical mistake occurs the clock will cease for a brief period of time. Minors are able to use this rule to stop the clock until they are legally old enough. Mental handicaps resulting from injuries or conditions in the past can be put on hold. If you've lost a loved one in an accident involving a truck and you want to seek wrongful death compensation from the responsible party by filing an action lawsuit in the name of survival. scottsdale truck accident law firm allow the victim's spouse, child parents, siblings or other family members to receive compensation for their loss. Partial Fault In the case of truck accidents, it is often difficult to determine the exact cause of the collision. The site of the crash may not be obvious and the memories of witnesses can fade with time. It is imperative that your lawyer begins building your case as quickly as you can to obtain witnesses' statements and other evidence before they disappear. Your lawyer may also utilize the information recorded by the truck's event data recorder, which is also called a blackbox, to determine the reason for the accident. These devices can track key elements like speed, brake usage and position at the moment of the accident. A good truck accident lawyer will concentrate on presenting evidence that proves the truck driver was mostly responsible for your injuries. However the defense will attempt to shift some of the blame on you, which could reduce the amount they must pay. That's why it's crucial to have an experienced attorney by your side to counter these tactics and present a convincing case for compensation. If the court reviews all evidence, it will decide which party was entirely responsible for the accident and then assign a percentage to each of the parties. If, for instance the truck driver sped up front of your vehicle while you were speeding up then you could be given 15 percent of the blame. The truck driver would receive 85 percent of the blame. Other drivers may be at fault for the crash. This is especially relevant if they were in blind spots or trying to pass trucks. Your lawyer will look into all of the potential sources of fault in order to help recover fair damages for your injuries and losses. Your injury claim will include damages for the medical costs of your injuries, the loss of income due to being unable work, as well as the psychological and emotional impact of your injury. Your lawyer will fight for maximum amount of compensation for these losses. The amount of damages you get will be determined by the extent of your injuries. Insurance Coverage Trucking accidents are incredibly destructive and can result in catastrophic injuries. It is important that victims start a claim as soon as possible against the responsible parties. A successful case involving a truck accident will result in compensation for victim's non-economic and economic losses. Economic damages can include medical bills loss of income, property damage and other costs that are directly incurred in the aftermath of the collision. Non-economic damages, on other hand, might include pain and suffering as well as loss of consortium. In order to make a claim in the event of a truck collision it is necessary to determine the extent of liability as well as calculate damages and negotiate, as well as litigate. As we've mentioned before, a truck accident is a legal issue that can be difficult to litigate, and a lot of the issues that are involved might not be present in other types of accidents. For instance, trucking firms are able to defend themselves against liability by asserting that their drivers are independent owner-operators and therefore not under their control, however this argument is usually not true. During the process of litigation your lawyer will collect evidence and review the facts of the case to build a claim for damage. It is crucial to be forthcoming with your attorney regarding any actions that you may have made that contributed to the accident. This could have a significant effect on the amount of compensation you receive. Your attorney will calculate the value of your case based on the information you provide. For instance your lawyer will take into account the severity of your injuries as well as the impact they've had on each major aspect in your life. This could include your health, work with your family, your mental and emotional health. As previously mentioned, it is also important for your lawyer to consider any and all parties that could be responsible for your crash. The more defendants you are able to bring a claim against, the more potential funds you can collect. However, the defendants might attempt to capitalize on your complex legal claim and offer low-cost settlements, which is why it's essential to work with an experienced lawyer for truck accidents whenever you can.