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How To File A Lawsuit After A Truck Accident
Motor vehicle accidents are all too common throughout the state of Florida.
There were more than 300,000 accidents in 2020 alone. And of these, roughly one-third resulted in some type of injury.
Commercial truck accidents, like those involving 18-wheelers, remain a concern of all drivers on Florida roads. Due to the size difference in vehicles between commercial trucks and passenger vehicles, if you’re involved in an accident, you’re at a huge disadvantage.
There are no shortage of causes for truck accidents, including but not limited to:
- Aggressive driving, such as excessive speeding
- Drowsy driving
- Distracted driving
- Driving under the influence of alcohol or drugs
- Inclement weather
If you’re injured in a truck accident, your top priority is your health. You must receive immediate medical attention, as this is the best way to understand your injuries, prognosis, and treatment plan.
From there, turn your attention to your legal rights and the impact of the accident on your personal life and financial circumstances.
Three types of truck accident damages in Florida lawsuits
Depending on the cause of the truck accident and the circumstances surrounding it, you may be in line to seek financial compensation for a variety of damages by filing a Florida lawsuit.
Here are the three primary categories of compensation you can seek:
- Economic damages: This includes things such as compensation for your physical injuries, medical expenses, reduced earning capacity, and lost wages.
- Non-economic damages: Some damages are tangible, such as physical injuries and damage to your vehicle, but others are more difficult to prove. For example, if you have mental anguish and emotional distress related to the truck accident, you should seek compensation accordingly.
- Punitive damages: It’s a challenge to receive compensation for punitive damages in the state of Florida, but it’s not impossible. To receive punitive damages, you must prove some level of gross negligence or intentional misconduct on behalf of the truck driver or trucking company. An example is a truck driver whose blood alcohol content level was more than the Florida legal limit at the time of the accident.
Do you need to file a truck accident lawsuit in Florida?
Whether or not you choose to file a truck accident lawsuit depends on a variety of factors. Here are some steps you will take that may lead you toward a lawsuit to recover damages:
- File an insurance claim: As soon as possible after your car-truck accident, contact your insurance company to file a claim. This puts the ball in motion, as it allows your agent to collect the information they need and begin their investigation into what happened.
- Review the first offer from your insurance company: It’s rare for an insurance company to make a fair offer the first time around. It’s more likely that they’ll “low ball” you with the hope that you bite. They’re looking for a way to save money, and this is the best place for them to start. Don’t be fooled by this trick.
- Negotiate: This is likely to be the most important part of the truck accident lawsuit process. This is when your attorney and the insurance company get down to negotiations for a full and fair settlement offer. It’s best to have an experienced Daytona Beach truck accident attorney on your side during this step. They will know how to protect your legal rights and the steps to get you as much compensation as possible.
In many cases, the steps above result in a fair truck accident settlement offer and the ability to settle your claim more quickly, outside of the long and difficult Florida court process.
However, if you’re unable to find common ground with the insurance company, it may be necessary to file a truck accident lawsuit in Florida court.
Note: Even after you file a lawsuit, you can still settle with the insurance company while you wait for the court date. Your truck accident attorney will continue to negotiate to save you the time and money of attending court.
If you ultimately have no luck settling with the insurance company, your truck accident case will go before a jury. And once again, this is when you want an experienced Daytona Beach truck accident attorney guiding you as the legal process gets more complex.
Should you find yourself managing the aftermath of a commercial truck accident in which you were injured, consult with a Daytona Beach truck accident lawyer to better understand your legal rights, the truck accident lawsuit process, and the steps you can take to obtain full compensation.
You’re faced with many challenges as you attempt to recover from your injuries. By leaning on a skilled personal injury attorney, it’s easier to feel confident in every step you take. Contact Rick Kolodinsky, PA online or give our office a call today to schedule your free consultation.
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