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How to File a Truck Accident Lawsuit A car accident could cause severe injuries and high medical costs These injuries can limit your ability to work and perform your everyday activities You may be able to get compensation from the liable parties You may need to file a lawsuit in order to get compensation A New York truck accident attorney can help Damages In a suit for a truck crash you could be able to claim a variety of damages including medical expenses for the current and future loss of income as well as pain and discomfort permanent injuries and loss of enjoyment in your life If your loved one was killed in the accident you may be able to claim funeral expenses lost future earnings and other losses as part of an wrongful death lawsuit The amount you receive from settlement will depend on the severity of your injuries the amount of time youre spending recovering and how badly your quality of life has suffered Your attorney can assist you to be aware of all damages that could be incurred and work with the trucking companies to reach an acceptable settlement It isnt easy to collect all the facts needed to prove fault in truck accidents This is especially true when dealing with large trucking corporations that have legal departments with a good budget and insurance policies worth millions of dollars It is nevertheless essential to have the best lawyer you can find because they will know where to look for the right details and how to get it quickly Evidence from hightech devices such as trucking logs and government agencies could be crucial to winning your case Truck drivers are often pressured to deliver their cargo on time and are not getting enough rest or sleep times and this can contribute to accidents involving trucks There are a variety of other factors that can cause a trucking crash that could cause a crash such as improper loading of cargo or design of the road as well as driver drug or alcohol abuse 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 instances where punitive damages may be demanded as well These are additional damages which could be awarded to the wrongdoer by a judge or jury in cases of a severe or reckless behavior Your lawyer will let you know if this is an option for your case They will help you decide whether it is an appropriate choice to take advantage of it or not Statute of limitations If you decide to file a truck accident lawsuit and you want to file it within a certain amount of time or else the court wont accept the case The statute of limitations is different in accordance with the law of your state and the specific case For lawton truck accident lawsuit New York has a statute of limitations of three years from the date of the injury or death You can file a claim for personal injuries as well as damages to property and emotional distress damages However this limitation could be reduced or increased by other factors such as the type of claim you are filing and the person you are seeking to pursue For example claims against municipalities are usually subject to limitations that are shorter New York City for instance requires a notification of claim to be filed within 90 days and a lawsuit has to be filed within one year and ninety days Even if youre certain if youre eligible for compensation its important to consult a lawyer within the shortest time possible following your accident A lawyer will go through your medical records and investigate the accident to determine which damages are yours to claim which insurance companies you should be suing and who is responsible for your injuries A lawyer will assist you to submit your claim to appropriate insurance companies and negotiate for an equitable settlement This is important because trucking companies are often unwilling to accept the amount of damages that you are entitled to under federal and state laws They might also attempt to convince you to accept a lowball offer In some cases a statute of limitation may be tolled This means that the clock ceases ticking for a limited period of time in certain circumstances like exposure to harmful substances or medical malpractice Minors can use this rule to stop the clock until they are legally old enough Mental handicaps caused by accidents or previous conditions can be also paused If you have lost a loved one in an accident involving a truck you can pursue the compensation for wrongful deaths from the person responsible by filing a survival action lawsuit 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 determine the reason for the collision The crash site may not be clearly marked or even eyewitnesses stories are prone to fade with time It is essential to have your lawyer start building your case as soon as possible to get witness statements and other evidence before they are lost Your lawyer could also use the information recorded by the trucks event data recorder which is also known as a blackbox to determine the cause of the accident These devices can be used to record important elements like speed or brake use as well as the location at the time of the collision A good lawyer for truck accidents will focus on presenting evidence that proves the truck driver was mostly responsible for your injuries The defense will attempt to shift blame on you in order to reduce the amount they need to pay It is essential to have an attorney on your side to fight back against their tactics and build a compelling case to get compensation When the court examines all evidence it will decide which party was responsible for the accident and then assign a percentage of fault to each person involved If for instance the truck driver backed up front of your vehicle while you were speeding then you could be given 15 percent of the blame The driver of the truck will be given 85 percent of the blame Other drivers may be responsible for the accident This is particularly true if they were driving in blind spots or trying to avoid trucks Your lawyer will look into all possible sources of blame to help you recover fair damages for your injuries and expenses Your injury claim will include the cost of medical expenses loss of income as a result of being unable work and emotional and psychological impacts Your lawyer will fight for the maximum amount of compensation The amount you are awarded will also depend on the severity with which you were injured during the accident Insurance Coverage Trucking accidents can be traumatic and result in severe injuries This is why its crucial for victims to bring an action against the parties responsible in the earliest time possible A successful lawsuit for a truck accident will usually include compensation for the victims financial and noneconomic loss Economic damages can include medical bills loss of wages property damages and other costs caused by the direct impact of the collision Noneconomic damages on the other hand might include pain and suffering as well as loss of consortium The process of creating the basis for a claim in a truck crash involves determining liability as well as calculating damages negotiating and suing As weve said earlier the case of a truck crash is a difficult legal case to pursue and many of the issues involved might not be the same in other types of accidents For instance trucking companies are able to defend themselves against liability by arguing that their drivers are independent owneroperators and therefore not under their control however this argument is often untrue During the process of litigation the lawyer will create an action for damages by gathering evidence and analyzing the facts of the case It is crucial to be open with your attorney about any actions you might have taken which contributed to the accident This can impact the amount of compensation you receive Once you have an understanding of the severity of your losses your attorney will utilize this information to determine the value of your case Your lawyer will for instance examine the severity of the injuries that you have suffered and their impact on all areas of your life This could include your health to your family and work to your mental and emotional health As we have already said it is essential that your attorney considers all parties who may be responsible for your accident The more defendants you could sue the greater money you can collect The defendants could try to take advantage of your legal dispute by offering lowball settlements This is the reason you should work with a truck accident attorney immediately