Navigating Legal Processes After a Truck Collision
Being involved in a collision with a commercial semi-truck can be traumatic, overwhelming, and life-changing. Injuries may disrupt every aspect of your life – physically, emotionally, and financially. On top of coping with injuries, you now have to navigate complex legal processes you may know little about. This guide aims to empower you with knowledge during this difficult time.
The Soffer Firm has been voted Super Lawyers “Rising Star” and “National Trial Lawyers – Top 40 Under 40” multiple years because of how hard we work for our clients. We don’t get paid unless you get paid, and we have recovered millions for our clients.
Our Florida personal injury lawyers help you navigate the complexities of your legal case. Call us today at (786) 788-7344.
Seeking Medical Care
First and foremost, address any injuries or emerging symptoms by promptly seeking medical attention. This serves both health needs and documenting injuries sustained. Even if you feel uninjured immediately after the crash, it is critical to get examined. Symptoms of some collision injuries can take days or weeks to manifest, including concussions, soft tissue damage, and internal bleeding. Regularly follow up with your medical providers throughout your treatment.
Reporting the Incident
Per Florida statutes, any motor vehicle crash involving significant property damage, injuries, or death must be reported to law enforcement. Cooperate with authorities to provide an accurate account of events for the official crash report. If possible, gather identifying details and insurance information for all parties involved. The report and photo/video evidence from the scene will be essential to help determine liability and settlement value.
Exploring Legal Options
Florida follows a modified comparative negligence model, meaning multiple parties may share fault in a crash. Under the 50 percent bar rule: the plaintiff may not recover damages if they are found to be 50% or more at fault. Under the 51 percent bar rule: the plaintiff may not recover damages if they are assigned 51% or more of the fault. A skilled personal injury attorney can investigate to pinpoint breaches of duty by the truck driver, company, manufacturers, or other entities that led to the incident. If negligence is established on their part, you have the right to pursue financial damages.
An attorney can assist in many facets, including interpreting laws around negligence and liability, documenting evidence, negotiating insurance settlements, and representing your interests in court if needed.
Types of Compensation
If a negligence ruling favors the victim in a truck collision case, the liable party typically must provide compensation for economic and non-economic damages.
Economic damages cover tangible, documented losses with monetary value arising from the crash. Examples include:
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Medical expenses from immediate care through projected future treatments
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Loss of income and benefits during the recovery period
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Costs of household services one can no longer perform oneself
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Repair or replacement expenses for any damaged property
Non-economic damages attempt to compensate losses without easily calculated monetary amounts. These include awards for physical and emotional distress due to:
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Pain and suffering
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Loss of enjoyment of life
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Disfigurement and disability
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Mental anguish
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Loss of companionship or family stability
Keep in mind laws capping certain damages do exist. An experienced truck accident attorney knows how to craft a strong demand within legal boundaries. They work hard to recover total and fair compensation wherever possible.
Frequently Asked Legal Questions
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What Are The Time Limits To File A Truck Collision Claim In Florida?
Per state statutes, the deadline to file personal injury lawsuits is two years from the crash date. This window is known as the statute of limitations. Engaging an attorney well before expiration is advised rather than waiting until the last minute. Proper investigation and settlement negotiations can be very time-intensive.
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Could I Still Recover Damages If I’m Partially Responsible For Causing The Truck Crash?
Yes, Florida is now a state that utilizes modified comparative negligence doctrines. Final award amounts are reduced proportionately by the victim’s allocation of fault.
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How Exactly Does A Personal Injury Attorney Help Truck Accident Victims?
A knowledgeable truck accident attorney serves victims in many invaluable ways:
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Informs clients on laws and legal processes surrounding their case so they know what to expect
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Interfaces with Florida commercial insurance companies and negotiates reasonably fair settlement offers
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Investigate crash details thoroughly to build the most robust case possible
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Assembles evidence establishing negligence caused the client’s damages
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Handles intricate legal paperwork, court filings, case research and preparation
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Advocates relentlessly for the client’s best interests every step of the way
The attorney handles all complex legal matters, allowing clients to focus energy on healing physically and emotionally from collision trauma. Their skill set in navigating the legal system and arguing truck accident cases also typically yields far higher financial compensation than individuals can achieve on their own.
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What Should I Consider If The Trucking Company’s Insurance Makes An Early Settlement Offer?
Insurers may extend settlement offers soon after a crash, aiming to resolve cases quickly with lower overall payouts. Settlements close the legal claim, barring victims from pursuing more compensation later on if serious injuries worsen.
It is wise to consult an attorney before accepting any offer. Let them thoroughly assess case particulars first. Is there proof of negligence warranting higher damages? Do early medical reports accurately reflect the long-term effects you could suffer? Does the offer adequately cover all past and future loss projections? Could negotiating achieve a more favorable amount? If the proposal seems below realistic case value, skilled litigators can take necessary steps towards a jury trial to fight for total, fair compensation instead.
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Can I Afford Legal Representation On Top Of Crushing Medical Bills?
Another advantage of most personal injury attorneys working on contingency is that it makes legal services financially viable even when bills stack up after a severe truck collision. The out-of-pocket costs lawyers incur to handle each case mean they are heavily motivated to secure fair verdicts and settlements. With big wins, their firm prospers. This system generally aligns the lawyer’s interests with the client’s interests.
Get In Contact With A Truck Accident Attorney
Victims need not feel intimidated handling the daunting legal machine against major trucking insurance corporations. Our Florida personal injury lawyers help you navigate the complexities of your legal case. Call us today at (786) 788-7344.