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How to File a Truck Accident Lawsuit

When you are involved in a truck accident, your medical bills and other expenses quickly mount. In addition, you may miss substantial time from work, not be able to perform your job as well as before the accident, or suffer permanent disfigurement or disability. As a result, you are entitled to compensation for your economic losses and non-economic damages. This is why it is crucial to consult with an experienced truck accident lawsuit attorney as soon as possible following a crash.

It is important to keep in mind that the statute of limitations for filing a lawsuit in New York is three years from the date of the accident. However, the process of investigating your claim, gathering evidence and negotiating with the trucking company’s insurer can take longer than that. Moreover, your attorney will need to engage medical experts to help determine the full scope of your injuries and their immediate and long-term impacts on your life.

Determining fault for a truck accident often requires more investigation than an ordinary car crash because multiple parties can be held liable. In addition to the truck driver, you may hold the trucking company liable if they failed to conduct background checks on drivers or encouraged them to violate hours of service rules. Likewise, the truck manufacturer or maintenance provider could be responsible if their defective part contributed to your accident.

Once your legal team has collected and reviewed all the evidence, they can move forward with demanding a settlement from the defendants. They will draft a demand letter that makes it clear to the insurance companies that they will only be released from liability for your accident on specific terms. In many cases, your attorney can successfully negotiate a fair settlement outside of court.

In other instances, a trial may be necessary to obtain the maximum compensation for your injuries. When this is the case, your lawyer will prepare for a trial by taking depositions of key witnesses and reviewing all of the evidence. Your attorney will also argue for the damages that you deserve.

The amount of your settlement will depend on the extent of your injuries and their immediate and long-term impact on your life. Your attorney will take into account your medical bills, any future treatments you might need, the amount of lost wages, and other economic losses. In addition, your attorney will argue for the non-economic damages that you are entitled to receive such as pain and suffering and emotional distress. It is important to note that non-economic damages are typically much higher than those for economic losses.

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