Florida Truck Accident Attorneys

If you were hurt in an 18-wheeler wreck, you may be entitled to compensation for damages like medical expenses, lost income, and pain and suffering. In order to build a winning personal injury claim, though, you must present evidence to prove liability and damages. This is where our truck accident attorneys in Florida may be able to help.

Proving liability in a truck accident case can be challenging. Each claim is unique, and there are a number of factors to consider when identifying the liable party (or parties) and determining the kinds of evidence needed to build the strongest case.

If you have questions about your claim, turn to Donaldson & Weston. As a client of our law firm, you will not have to worry about navigating the complexities of your case alone. Our personal injury lawyers are well versed in all the statutes that could affect the outcome of a truck accident claim. Call 866-349-2912 to schedule a free case evaluation.

Damages Our Florida Truck Accident Attorneys Can Help You

When it comes to truck accidents in Florida, each case is unique. No two accidents are exactly alike, and as a result, the damages you may be entitled to receive will depend on a variety of factors, including the severity of your injuries, the evidence available, and the specific circumstances surrounding the accident. While there is no set formula for calculating damages, our Florida truck accident attorneys can help you pursue a fair and just settlement or verdict that compensates you for your losses. Below, we’ll discuss the types of damages that personal injury claimants in Florida can typically seek compensation for, as well as additional factors that may come into play.

Past and Future Medical Bills

One of the primary types of damages that truck accident victims can seek is compensation for medical expenses. This includes both past and future medical bills. Past medical bills refer to the costs you have already incurred as a result of the accident, including emergency room visits, hospital stays, surgeries, physical therapy, and doctor’s visits. Future medical bills, on the other hand, account for the anticipated costs of ongoing medical care, rehabilitation, or long-term treatments.

Truck accident injuries can sometimes result in lifelong medical needs, and it is essential to ensure that you are compensated for both present and future medical costs. Your attorney will work with medical experts to determine the full scope of your future medical expenses, ensuring you are not left with additional financial burdens down the road.

Travel to and From Doctor’s Appointments

In addition to the direct cost of medical treatment, truck accident victims often face transportation expenses associated with getting to and from doctor’s appointments, physical therapy sessions, and other medical visits. These travel expenses can add up quickly, especially if you require ongoing care or live far from healthcare providers. Fortunately, these costs can be included in your claim for damages, and your attorney will ensure that all related expenses are accounted for in your settlement.

Lost Income and Benefits

If you are unable to work due to the injuries sustained in a truck accident, you may be entitled to compensation for lost income and benefits. This includes wages you have already missed as well as the income you will lose in the future if your injuries prevent you from returning to work. If your injuries leave you unable to perform your previous job duties, you may be entitled to compensation for the difference in salary if you have to take a lower-paying job or change careers altogether. Additionally, if your accident causes you to lose access to benefits like health insurance or retirement contributions, those losses may also be compensable.

Loss of Future Earning Capacity

In some cases, truck accident injuries can be so severe that they permanently impair your ability to work and earn an income. If you are unable to return to your previous occupation or pursue a similar career due to physical limitations or other disabilities, you may be entitled to compensation for your loss of future earning capacity. This type of damage is designed to account for the long-term financial impact of your injuries and ensure that you are compensated for your diminished ability to earn a living.

Childcare, Domestic Help, and/or Home Care

Truck accident injuries can affect your ability to take care of your daily needs, including household chores, childcare, and personal care. If you require assistance with these tasks due to your injuries, you may be entitled to compensation for the cost of hiring domestic help or home care services. For example, if your injuries prevent you from caring for your children or performing household duties like cleaning, cooking, and laundry, these costs may be included in your damage claim.

Home and/or Vehicle Modifications

Severe injuries sustained in a truck accident can sometimes result in long-term mobility issues, which may require modifications to your home or vehicle. For instance, you may need to install ramps, widen doorways, or make other adjustments to your home to accommodate a wheelchair. Similarly, you may need to modify your vehicle or purchase a new one that is equipped to meet your physical needs. These costs, which can be significant, may be included in your damage claim to ensure that you are able to adapt your living environment to your new circumstances.

Property Damage

In addition to personal injury claims, victims of truck accidents can also seek compensation for property damage. This includes the damage to your vehicle, any personal property inside your vehicle, or even damage to personal belongings that were harmed during the accident. If your vehicle is totaled or requires expensive repairs, the insurance company or the at-fault party may be responsible for compensating you for the cost of repairs or replacement.

Scarring and Disfigurement

Accident victims who suffer severe injuries may be left with permanent scarring or disfigurement. These physical changes can affect your appearance and, in some cases, lead to emotional or psychological trauma. Compensation for scarring and disfigurement is a form of non-economic damages, which address the emotional and psychological impact of physical injuries. The severity of the scarring, its location, and its impact on your quality of life will all be considered when calculating damages for scarring or disfigurement.

Disability

In some cases, truck accident injuries can result in permanent disability. If the accident leaves you unable to work, perform daily activities, or care for yourself, you may be entitled to compensation for the long-term impact of your disability. This can include both economic and non-economic damages, as disability can affect your income, your ability to engage in hobbies or social activities, and your overall quality of life.

Loss of Enjoyment of Life

A truck accident can have a significant impact on your overall quality of life. If your injuries prevent you from engaging in activities you once enjoyed—such as playing sports, traveling, or spending time with friends and family—you may be entitled to compensation for the loss of enjoyment of life. This type of damage is meant to acknowledge the emotional toll that the accident has taken on your ability to live a fulfilling life.

Loss of Domestic or Household Services

If your injuries prevent you from performing household duties like cleaning, cooking, or managing day-to-day tasks, you may be entitled to compensation for the loss of domestic or household services. If you are unable to hire help or rely on family members to assist you with these tasks, the cost of these services may be factored into your claim.

Pain and Suffering

Pain and suffering damages are designed to compensate you for the physical pain, emotional distress, and mental anguish that result from your injuries. These damages can be difficult to quantify because they are subjective, but they are an important part of any personal injury claim. Your attorney will work with medical and psychological experts to demonstrate the extent of your pain and suffering and ensure that you are compensated for the toll the accident has taken on your life.

Punitive Damages

In certain circumstances, you may also be entitled to punitive damages. Unlike compensatory damages, which are intended to reimburse you for actual losses, punitive damages are meant to punish the defendant for egregious conduct and deter similar behavior in the future. Punitive damages are typically awarded in cases where the defendant’s actions were particularly reckless, malicious, or grossly negligent. Common scenarios that may warrant punitive damages include hit-and-run accidents, accidents caused by impaired driving, or instances where the motor carrier tried to cover up evidence of negligence.

If you’ve been involved in a truck accident in Florida, it’s important to understand the wide range of damages that you may be entitled to pursue. From medical expenses to lost income, property damage, and emotional distress, the impact of a truck accident can be far-reaching. An experienced Florida truck accident attorney can help you navigate the complexities of the claims process and ensure that you seek the maximum compensation for your injuries and losses. Whether your case involves compensatory or punitive damages, your attorney will fight to secure the financial recovery you need to move forward with your life.

What to Expect During a Truck Accident Claim

If you’ve been involved in a truck accident, the claims process can seem overwhelming. Understanding what to expect at each stage of the process can help alleviate some of the stress and confusion. While each case is unique, there are common steps involved in filing a truck accident claim. Below is an overview of what you can expect during the claims process.

Initial Consultation with an Attorney

The first step in pursuing a truck accident claim is to consult with an experienced personal injury attorney who specializes in truck accidents. During the consultation, your attorney will ask you about the details of the accident, including how it happened, the injuries you sustained, and any evidence you have (such as accident reports, witness statements, or photographs). The attorney will assess whether you have a strong case and explain the legal options available to you. Most truck accident lawyers offer free consultations, and many work on a contingency fee basis, meaning they only get paid if you win the case.

Investigation and Gathering of Evidence

Once you’ve hired an attorney, the next step is to begin the investigation. The attorney will work with investigators, experts, and other professionals to gather evidence that supports your claim. This can include obtaining the truck driver’s logbook, the truck’s maintenance records, and the black box data (if available) from the truck’s onboard computer. Your attorney may also collect surveillance footage, witness statements, and police reports.

In truck accident cases, it’s crucial to act quickly. Some evidence, such as dashcam footage or surveillance videos, can be time-sensitive, and it’s essential to preserve it before it’s lost or destroyed. Your attorney will ensure that all relevant evidence is secured to build a solid case on your behalf.

Medical Treatment and Documentation

As your attorney gathers evidence, it’s also important that you seek medical treatment for your injuries. Not only is your health the priority, but your medical records will be crucial in proving the extent of your injuries and the impact they have on your life. If you’ve been seriously injured, it’s important to follow your doctor’s recommendations for treatment and to keep detailed records of your visits, tests, and prescriptions.

Your attorney will work with medical professionals to determine the long-term impact of your injuries and to estimate any future medical costs. These records and expert opinions will help determine the amount of compensation you should pursue.

Negotiations with the Insurance Company

After gathering evidence and assessing your medical needs, your attorney will likely enter into negotiations with the insurance company representing the trucking company or the at-fault party. Truck accident claims often involve multiple insurance policies, including the truck driver’s personal insurance, the trucking company’s insurance, and possibly the insurance of other involved parties.

The insurance company will likely make an initial settlement offer, which may be low and may not cover the full extent of your damages. Your attorney will review the offer carefully and may negotiate with the insurer to secure a fair settlement. It’s important to remember that insurance companies are in the business of saving money, so they may attempt to offer a quick settlement to minimize their payout.

Filing a Lawsuit (If Necessary)

If the insurance company refuses to offer a fair settlement or if negotiations stall, your attorney may recommend filing a lawsuit against the responsible parties. Filing a lawsuit involves submitting a formal complaint to the court, after which the legal process will move into the discovery phase. Discovery is when both parties exchange information and evidence, and depositions may be taken from witnesses, experts, and involved parties.

While most truck accident cases settle before going to trial, some may proceed to court. If this happens, your attorney will represent you in front of a judge and jury, presenting the evidence and making arguments to support your case.

Trial and Verdict

If your case goes to trial, your attorney will present the evidence, call witnesses, and argue on your behalf. The defendant’s legal team will have the opportunity to cross-examine witnesses and present their defense. After both sides have presented their case, the judge or jury will deliberate and render a verdict. If the verdict is in your favor, the jury will award damages, which may include compensation for medical expenses, lost wages, pain and suffering, and more.

Post-Trial and Appeals

Once the trial concludes, the losing party may have the option to file an appeal if they believe there was a legal error in the trial process. Appeals can lengthen the timeline of the case, but your attorney will guide you through this stage if necessary.

The truck accident claims process can take time, and the journey may involve multiple stages, from investigation and negotiation to possibly going to trial. Working with an experienced attorney is essential to ensure your rights are protected and that you receive the compensation you deserve. By understanding what to expect at each stage of the process, you’ll be better prepared to handle the challenges that come your way and achieve the best possible outcome for your case.

Call Today to Speak with a Truck Accident Lawyer

Our truck accident lawyers in Florida will help you gather evidence to prove liability and damages against all responsible parties. Call 866-349-2912 or fill out our Contact Form to schedule a free consultation with one of the leading personal injury attorneys in Florida.