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3 FAQs About Filing a Truck Accident Claim After Sustaining a Brain Injury

October 15, 2019

by ogkdev

personal injury attorney

Passenger vehicles are no match for fully loaded tractor-trailers, even with all the innovative safety features available today. As such, most fatalities that occur in large truck crashes are the occupants of cars, pickup trucks, and SUVs. And those who are fortunate enough to survive a collision with an 18-wheeler are likely to sustain catastrophic injuries like spinal cord damage or brain trauma.

If you or someone you love suffered a traumatic brain injury (TBI) in a truck accident, your family may be entitled to compensation for the resulting damages. Whether you have grounds for a claim and the potential value of your case will depend on the circumstances.

To help you get started, our personal injury attorneys have answered some of the most frequently asked questions about truck accident claims involving brain injury:

1. Who Might Be Liable for a Truck Accident?

Most truck accidents are caused by driver error, which means truckers and their employers are often liable. Depending on the situation, other parties could be found partially or wholly at fault. Examples include:

  • The cargo loading company that secured the truck’s freight;
  • The manufacturer of the truck or any of its parts;
  • The motor carrier’s maintenance contractor;
  • The government entity responsible for maintaining the road where the wreck occurred; and
  • Other motorists who were involved in the collision.

2. What Do I Have to Prove to Win My Truck Accident Claim?

To recover compensation for the damages associated with your traumatic brain injury, you will need to prove liability, causation, and damages. Below are a few kinds of evidence your personal injury lawyer might use to prove liability:

  • Photographs of the wreckage;
  • Deposition from eyewitnesses;
  • The official police report;
  • The results of any chemical tests conducted at the scene or shortly thereafter;
  • Cell phone records;
  • Dash cam footage or surveillance recordings of the incident;
  • Toll booth receipts;
  • Weigh station records;
  • Black box data; and
  • Driver’s logs.

Proving causation is often straightforward, but a dispute may arise if you had a pre-existing condition. Your personal injury lawyer might counter such a dispute using the deposition of medical experts and your treating physician, as well as your medical records.

Evidence of damages may include:

  • Hospital bills;
  • Medical records and diagnostic images;
  • Paystubs and tax returns that show your pre-injury income;
  • Quotes from contractors for home and/or vehicle modifications;
  • Receipts, records, and invoices for home care, domestic help, and other necessary services;
  • Deposition from medical, vocational, and financial experts;
  • Photographs of any visible wounds; and
  • Entries from your personal injury journal.

3. How Long Do I Have to File a Personal Injury Lawsuit?

If the liable party is uncooperative, you may have to file a lawsuit and enter litigation. In the state of Florida, the standard statute of limitations for personal injury lawsuits is four years. If you want to sue a government entity, though, you must submit written notice, allow for a 180-day investigation, and then file your suit within just three years from the date of injury. And if a loved one ended up suffering fatal injuries in the accident, your family has two years from the date of his or her passing to file the wrongful death lawsuit.

 Discuss Your Case with a Truck Accident Attorney in Florida

If you sustained a traumatic brain injury in a large truck crash, contact a personal injury attorney at Donaldson & Weston to determine the most strategic way to proceed. From the moment you call our office to the day your case is resolved, you will be treated with the utmost respect, compassion, and professionalism. Call 772-266-5555 to speak with a personal injury attorney or use our Online Contact Form to set up a free case evaluation with a truck accident lawyer in Florida.