If you’ve been injured in a truck accident, you may be considering filing a lawsuit. However, there are a few things you need to know before you do. In this article, we’ll discuss some of the key factors you need to consider before filing a truck accident lawsuit.
Know the statute of limitations
The statute of limitations is a law that sets a time limit on how long you have to sue someone for injuries or accidents. This time limit varies from state to state, but it is important to be aware of what it is in your case and factor this into any decisions you make before filing a truck accident claim or filing a lawsuit. If you are bringing a lawsuit against the truck company or their insurance company, then you need to know that there is a time limit or statute of limitation where you can bring your lawsuit.
Generally, these laws vary from state to state and they generally range between two (2) years and six (6) years after the accident – but some states allow as little as one (1) year while others extend out as much as ten (10). Also, different rules may apply, depending on whether you were an adult at the time of the injury or if it was a child.
Be prepared with your facts
If your case does go forward, then be ready to share with the court all of the necessary evidence that demonstrates how and why the truck accident happened. This will include information regarding the negligent party, what kind of negligence caused your injuries, how those injuries have affected your life since the accident, and the financial impacts that it has had on you financially as well as on your family.
To make this process go smoothly, first collect any evidence relating to the incident before it gets too late to do so. These may include pictures of where the accident took place or of vehicles involved, police reports (if available/possible), witness statements if there were any, medical records showing treatment for injuries related to the trucking incident, etc. As soon as possible after an accident is good but try not to wait more than a year if at all possible because
certain items may be harder to track down or obtain as time goes on.
Hire a truck accident lawyer
If you decide to file a lawsuit, it’s best to have an experienced personal injury lawyer representing you and your case. They will know the ins and outs of these types of lawsuits, what evidence is necessary to prove negligence, how to negotiate with insurance companies, and more.
Other factors to consider
There are other crucial factors that can affect how a claim or lawsuit will turn out. Having a truck accident lawyer lead and guide you in taking these factors into account improves your chances of getting well-deserved compensation or winning your case.
1. The severity of your injuries
Before filing a lawsuit, it’s important to consider the severity of your injuries. If your injuries are minor, it may not be worth the hassle and expense of suing the other driver. However, if your injuries are severe, you may want to consider filing a lawsuit.
2. The extent of damages you’ve suffered
Another factor you need to consider is the extent of damages you’ve suffered. Damages are the losses incurred by an accident, such as medical expenses, lost wages, pain and suffering, loss of enjoyment, etc. The more damages you’ve suffered due to the accident, the more likely it is that your lawsuit will be successful if you file.
3. The other driver’s insurance coverage
Another factor you need to consider before filing a lawsuit is whether or not the truck driver had adequate insurance coverage at the time of the accident. If his insurance was inadequate to cover your injuries and other related costs, then you should definitely file a lawsuit against him. However, if he had sufficient insurance coverage for this particular accident or incident, then suing may not be worth it unless your injuries are severe.
4. The driver’s background
Whether or not you decide to file a lawsuit against the truck driver, it’s important that you do some research on his background first. For example, if he has a history of driving infractions or unsafe driving practices, then you should definitely consider filing your lawsuit because this will increase your chances of winning. On the other hand, if he has an excellent driving record with no prior accidents or traffic violations, then you may want to think twice about filing a lawsuit unless your injuries are serious.
Overall, hiring a truck accident lawyer is one of the most important decisions you can make when trying to get the justice and compensation you deserve after being injured in a trucking incident. Make sure to do your research and interview several attorneys before making a final decision.