Signs You May Have a Strong Truck Accident Claim
If you were seriously hurt in a large truck crash, you’re probably wondering whether you have grounds for legal action. While filing a personal injury claim won’t erase what happened, it could at least help you pick up the pieces in the aftermath. Should you end up securing a settlement, you’ll be able to maintain your financial security so you can keep taking care of your family, even if your condition prevents you from working.
Let’s take a look at some of the most telling signs that you’ll likely be able to put together a strong truck accident claim:
1. You Were Not Wholly to Blame for the Crash
Naturally, if you were solely responsible for the collision, you’re not going to be able to put together a claim against anyone else. As long as you played only a minor role in the wreck, however, you should be able to proceed.
Under Florida’s pure comparative fault rule, contributing to a crash does not automatically bar you from recovering compensation. Instead, the total amount to which you’re entitled will simply be reduced by your own percentage of liability.
2. You Sustained Serious Injuries
When it comes to auto insurance claims, Florida typically takes a “no fault” approach. That means those who are involved must seek compensation from their own carriers, even if they weren’t actually responsible for the crash.
In order to deviate from this system and file a third-party claim, you must prove that you meet the state’s serious injury threshold. That means you sustained any of the following:
- The permanent loss of a significant bodily function,
- Permanent injury or disability, or
- Significant scarring or disfigurement
3. You Incurred Recoverable Damages as a Direct Result of the Crash
Personal injury payouts aim to reimburse victims for the losses they incur. As such, you must have suffered actual damages as a direct result of the truck accident.
In Florida, recoverable damages include:
- Lost wages,
- Lost earning capacity,
- Medical expenses,
- Property repairs,
- Replacement services,
- Home and vehicle modifications,
- Pain and suffering,
- Mental anguish,
- Diminished quality of life, and
- Emotional distress.
4. You Have Not Missed Any Critical Deadlines
Once the statute of limitations has passed, there is no more threat of litigation. Consequently, carriers are no longer inclined to settle at this stage, and negotiations prove futile.
In Florida, the typical filing deadline for personal injury actions is four years. There are various scenarios, however, that can shorten this timeline considerable. Therefore, it’s wise to consult a truck accident attorney as soon as possible after getting hurt.
Call 772-266-5555 to Speak with a Truck Accident Attorney in Stuart
If you think you might have grounds for a truck accident claim, you can count on the compassionate team at Donaldson & Weston for strategic counsel every step of the way. We won’t charge a fee unless we recover compensation on your behalf. To schedule a free initial consultation with a truck accident lawyer in Stuart, call 772-266-5555 or submit the Contact Form on our website.
