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How to File a Truck Accident Lawsuit A crash involving a truck could result in serious injuries and expensive medical costs. These injuries can limit your ability to work or perform your everyday activities. You can seek compensation from the liable parties. You may need make a claim to get compensation. A New York truck accident attorney can help. Damages There are a myriad of damages you can claim in a truck crash lawsuit, including current and future medical expenses and loss of income as well as pain and suffering, permanent injuries as well as loss of enjoyment life, and much more. In a wrongful-death suit you may be able to claim funeral costs, future earnings lost, and other losses if a loved-one was killed in the accident. The amount you receive from settlement will depend on the extent of your injuries, the amount of time you spend recovering and how badly your quality of life has been affected. Your attorney can help to identify the potential damages and work with the trucking companies to reach a fair settlement. It can be difficult to collect all the information necessary to prove fault in truck accidents. This is especially the case when dealing with large trucking corporations that have legal departments that are well-funded, as well as insurance policies that amount to millions of dollars. It is imperative to select the most competent lawyer you can find because they know where to get the correct information, and how to quickly collect it. Evidence of high-tech devices like logs from trucks and government agencies could be vital to winning your case. Truck drivers are often pressured to deliver their cargo on time and have inadequate rest or sleep times which can lead to accidents involving trucks. There are many other factors that may contribute to a trucking crash, including improper cargo loading, poor road design and drinking or driving by the driver. It is important to determine if more than one person was at fault for the accident to file the correct claims. It is also worth noting that there are some cases where punitive damages are demanded as well. These are additional damages that act as a punishment for the offender, and they can be awarded by the jury or judge in the event that there was extreme or reckless behavior. Your attorney will inform you if this is an option for your case. They will assist you in deciding whether it is a good idea to explore it or not. Statute of Limitations When you file a truck accident lawsuit in court, you must file it within a specified period of time otherwise, the court will not accept the case. The statute of limitations varies in accordance with the law of your state and the specific circumstances of your case. In New York, for example, the statute of limitations is three years after the date of the injury. You are able to file a claim not only for personal injuries as well as property damage, and emotional distress damages. The limit is affected by other factors like the type of claim you are suing and the person you are suing. Claims against municipalities, for instance are subject to a shorter time limit. New York City requires, for instance, that a claim be filed within 90 days, and that a lawsuit be filed within a year, and ninety-days. If you're not sure whether you are eligible for compensation, it is important to consult a lawyer within the shortest time possible following your accident. farmington hills truck accident law firm will review and investigate your medical records to determine what damages you may be entitled to, which insurance companies should you file a lawsuit against, and who is the one responsible for your injuries. A lawyer can help present your claim and negotiate an acceptable settlement with insurance companies. This is important because trucking companies can be hesitant to pay for the damages you are entitled to pursuant to state and federal law. They may also try to convince you to accept an offer that is low. In certain cases the statute of limitations can be “tolled.” This means that the clock ceases ticking for a short period of time under certain circumstances such as exposure to harmful substances or medical malpractice. Minors can use this rule to stop the clock until they reach legally old enough. Mental handicaps due to injuries or conditions in the past can also be paused. If you have lost a loved one in the course of a truck crash You can seek compensation for the loss of a loved one from the responsible party by filing a lawsuit for survival. These lawsuits allow the victim's spouse, children parents, or other relatives to be compensated for their losses. Partial Fault It's difficult to pinpoint the exact cause behind a truck accident. The site of the crash may not have clearly marked areas and eyewitnesses' impressions will fade over time. It is important that your lawyer begin constructing your case as soon as possible in order to gather witnesses' statements and other evidence before they are lost. Your lawyer may also utilize the data from the truck's event data recorder, also called a black box, to determine the reason for the accident. These devices are capable of recording important factors like the speed, brake usage, and position at the time of the accident. An experienced attorney for truck accidents will insist on proving that the truck driver is responsible for your injuries. However, the defense will try to shift some of the blame onto you, which could reduce the amount they have to pay. This is why it's essential to have an experienced lawyer on your side to counter these strategies and create a convincing argument for compensation. The court will review all evidence and determine whether one person is solely responsible for the incident. The court will then assign an amount to each party that was involved. For instance, if the truck driver stopped in front of your vehicle while you were speeding, you could be assigned 15 percent of the fault. The truck driver would then be given 85 percent of the fault. Other drivers could be at fault for the accident. This is especially true if they were driving in blind spots or trying to pass trucks. Your lawyer will investigate all of the potential sources of blame to help you claim fair compensation for your injuries and expenses. Your injury claim covers the medical costs of your injuries, loss of income resulting from your inability to work, and the psychological and emotional consequences of your injury. Your lawyer will fight for the most compensation possible. The amount you receive will depend on how severely you were injured during the accident. Insurance Coverage Trucking accidents are incredibly destructive, and oftentimes result in devastating injuries. This is why it's important for victims to bring a claim against liable parties in the earliest time possible. A successful lawsuit arising from a truck accident will typically result in compensation for a victim's economic and non-economic loss. Economic damages could include medical bills as well as lost wages, property damage, and other costs caused by the direct impact of the collision. Non-economic damages can include discomfort and pain as well as loss of companionship. In order to make an argument for a truck crash you must determine the liability as well as calculate damages and negotiate, as well as litigate. A truck accident is a tense legal situation, and a few of the issues involved could not be relevant to other kind of accident. For example, trucking companies can defend themselves from liability by saying that their drivers are independent owners and operators and thus not under their control, however this argument is oftentimes invalid. In the course of litigation, your attorney will build a claim for damages by gathering evidence and analyzing the facts of the case. It is important to be forthcoming with your attorney regarding the actions you may have made that led 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 details you provide. Your lawyer will, for instance, consider the degree of the injuries you have suffered and their impact on the major areas of your life. This can include your health, family and work, to your psychological and emotional well-being. As we've already mentioned, it is important to ensure that your lawyer takes into account all parties who may be the cause of your accident. The more defendants that you can sue, more money you can recover. However, defendants may attempt to capitalize on your legal issue and offer low-ball settlements which is why it's essential to find an experienced truck accident lawyer whenever you can.