Initiating a Truck Accident Lawsuit
Truck accidents can be highly traumatic and can cause serious injuries to motorists involved. Following an accident, your focus will likely and understandably be on your physical recovery, which can include extensive medical treatment. As you undergo treatment and heal, however, you will also likely be concerned about the medical bills that are piling up and the wages you have lost due to missed work. For this reason, it is only natural to wonder how you can initiate a truck accident case and hold the negligent trucking company responsible for your losses.
Getting the recovery you deserve from a commercial trucking company is no simple matter, unfortunately. These companies have lawyers and insurance agents ready and waiting to argue against liability in collisions. You need to make sure that you seek representation from a truck accident attorney with the knowledge and resources to successfully initiate a truck accident lawsuit. Anyone injured in a truck accident should call the Dolman Law Group in Clearwater, Florida for help as soon as possible.
File an insurance claim
Your first step in obtaining just compensation is not—as some may believe—to run straight to the Clearwater courthouse and file a lawsuit. Instead, many people are able to handle their case with the insurance company of the trucking company, especially if the trucking company admits fault in the accident. An experienced truck accident lawyer can negotiate with the insurance company and present evidence of your losses to try to get you a favorable settlement offer. This is more common when victims have relatively minor injuries and do not have complicated intangible losses.
Investigate the accident and prepare a complaint
If the insurance company offer is not sufficient to cover your losses, you will need to file a lawsuit against the trucking company or any other potentially negligent parties. Filing a lawsuit takes extensive preparation, however, and your attorney will have to spend time investigating the circumstances of your accident and determining what evidence can be used to support your claim. Investigation often includes witness interviews, client interviews, reviewing police reports and other records, accident reconstruction, and anything else necessary to assert a strong legal claim.
A complaint must include many different parts and specific content, including the following:
– The parties to the case
– Why the court has jurisdiction1 over the matter
– The facts of the accident
– Your claims of negligence,2 addressing all of the legal elements
– The damages you seek as a result of your losses
You always need to have an attorney representing you with experience in truck accident litigation so that they understand how to fully investigate your case and craft an effective complaint. If a complaint sets out well-supported assertions of negligence, at times it may be enough to incite the trucking company to make an agreeable settlement offer because they believe you have a strong case.
File a complaint for personal injury in civil court
After your complaint is drafted, your attorney will file it with the court in Clearwater. Under Florida law,3 the statute of limitations for most personal injury claims is four years from the date of your injury, so you need to file your lawsuit prior to this deadline. If you fail to do so, your claim will likely be dismissed and you will have no chance to recover.
Once the lawsuit is filed, the trucking company or other applicable parties will have to be notified and served a copy of your complaint. That side then has the chance to respond to your allegations in a court document called an “answer.” At the same time, they can file motions to dismiss all or part of your claims. If the court denies the motions to dismiss, your lawsuit will proceed into pretrial phase.
Contact an experienced Clearwater truck accident lawyer for a free consultation today
A significant amount of time and work goes into initiating a truck accident lawsuit, so you should not delay in discussing your situation with a skilled truck accident attorney. At the Dolman Law Group in Clearwater, our team of attorneys provide the highest quality of representation and know how to protect your rights while facing off with a large trucking corporation. There is often a lot of money at stake in these cases and we always strive to help you obtain the full amount you deserve for all of your related losses. Call us today for a free consultation at 727-451-6900.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756