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How to File a Truck Accident Lawsuit A collision with a truck can result in severe injuries and high medical costs These injuries could hinder your ability to perform your everyday tasks You may be able to get compensation from the accountable parties However you may have to file a lawsuit to do so A skilled New York truck accident lawyer can assist you Damages There are many kinds of damages that you can claim in a truck crash lawsuit including current and future medical expenses and loss of income or earnings pain and suffering permanent injuries and loss of enjoyment of life and many more In a wrongfuldeath case you can claim funeral costs and future earnings lost and other expenses if a loved one was killed in the accident The amount you could receive as a settlement will depend on your injury the duration of your recovery and your standard of living Your attorney can assist you to understand all the possible damages and work with trucking companies to reach a fair settlement It can be difficult to collect all the facts needed to prove fault in truck accidents This is particularly true when dealing with large trucking companies who have legal departments which are wellfunded and insurance policies that amount to millions of dollars However it is vital to find the best lawyer you can find as they will know where to look for the correct information and how to collect it quickly For centennial truck accident attorney from hightech devices trucking logs and government agencies could be crucial to winning your case Truck drivers are often under pressure from their employers to complete their cargo in an efficient manner This can result in accidents There are many other factors that could contribute to a trucking crash caused by improper loading of cargo or maintenance or design of roads and even alcohol or drug use It is important to determine the extent to which more than one of you is accountable for your accident so that you can claim the right compensation It is also important to know that there are some cases in which punitive damages can be also claimed These are additional damages that function as a kind of punishment for the perpetrator and can be granted by a jury or judge in the event that there was reckless or extreme behavior Your lawyer will let know if this option is available in your case They will help you decide whether its an appropriate choice to explore it or not Statute of limitations When you file a lawsuit for a truck accident lawsuit you must do so within a certain period of time or the court will not accept it The statute of limitations varies in accordance with the law of your state and the specific case In New York for example the statute of limitation is three years following the date of injury You are able to make a claim for personal injuries however you can also file a claim for damages to property as well as emotional distress damages However this limit could be reduced or increased based on other factors such as the kind of claim youre filing and the person you are suing Claims against municipalities for example 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 ninetydays Get a lawyer in touch immediately following your accident even if youre not sure if you qualify for compensation A lawyer will look over your medical records and research the incident to determine what damages you are eligible for and which insurance companies you should sue and who is responsible for your injuries A lawyer will help you submit your claim to appropriate insurance companies and negotiate for an acceptable settlement offer This is important because trucking companies will often refuse to compensate you for the damages that you are entitled to due to federal and state law They can also try to convince you to sign up for a lowcost bargain In some cases the statute of limitations may be tolled This means that the clock ceases ticking for a certain amount of time under certain conditions like exposure to harmful substances or medical malpractice Minors can make use of this rule to stop the clock until they reach of legal age Mental handicaps that result from injuries or other conditions may be stopped If you have lost a loved one to an accident involving a truck and you want to seek compensation for the wrongful death of the party responsible by filing a lawsuit for survival These lawsuits allow the victims spouse children parents or other relatives to be compensated for their losses Partial Fault In the case of truck accidents it is often difficult to pinpoint the specific cause of the collision The crash site may not have clearly marked areas or even eyewitnesses stories can fade over time It is crucial that your lawyer begin constructing your case as fast as is possible to obtain witnesses statements and other evidence before they disappear Your attorney may also make use of information from the event recorder in the truck also known as a black box to determine the reason for the accident These devices can record key factors like speed or brake use as well as the location at the time of the accident An experienced attorney for truck accidents will insist on proving that the driver of the truck is in large part responsible for your injuries However the defense will try to shift the blame onto you which could reduce the amount theyll need to pay It is essential to have an attorney on your side who can defend against their tactics and present a convincing argument to win compensation If the court reviews all of the evidence it will determine which party was entirely responsible for the accident and then determine a percentage of the blame to each of the parties For instance if the truck driver came out in front of you as you were speeding you may be assigned around 15 percent of the blame The truck driver will then be given 85 percent of the blame Other drivers in the area could be the cause of the accident particularly when they tried to avoid trucks or were driving in their blind spots Your lawyer will examine every possible source of fault and help you recover fair damages for your injuries and losses Your injury claim is a way to recover the medical costs caused by your injuries loss income from being unable to work and the psychological and emotional effects of your injury Your lawyer will fight to get the maximum compensation for these damages The amount you receive depends on the extent of your injuries Insurance Coverage Trucking accidents can be devastating and result in severe injuries This makes it important for victims to file a claim against liable parties immediately A successful lawsuit for a truck accident will typically include compensation for the victims economic and noneconomic losses The economic damages may include medical bills and lost wages as well as property damage and other expenses caused by the direct impact of the collision Noneconomic damages on the other hand might include suffering and loss of consortium The process of creating an injury claim for a truck involves determining the extent of liability and damages negotiating and litigating A truck accident is a tense legal situation and a few of the issues involved might not be present in any other kind of accident For instance trucking firms can defend themselves from liability by arguing that their drivers are independent owners and operators and thus not under their control however this argument is usually untrue During the course of litigation the lawyer will gather evidence and go over the details of the case to make a claim for damages It is crucial to be open with your attorney about any actions that you may have done that contributed to the accident This can affect 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 take into consideration the severity of the injuries that you have suffered and their impact on the major areas of your life This can include your health to family and work to your emotional and psychological wellbeing As stated above it is crucial for your lawyer to take into account any and all parties who could be responsible for your crash The more defendants you have the ability to make a claim against the greater the potential amount you can collect The defendants may try to take advantage of your complicated legal claim by offering lowball settlements This is the reason you should partner with an attorney who handles truck accidents right away