There is a time limit to file a truck accident lawsuit in Florida under Florida Statutes § 95.11. Generally, victims have up to two years to begin this process by filing a complaint in the appropriate civil court. Other deadlines could apply in these cases as well. You may want to get started building a case as soon as your injuries allow.
A truck accident lawyer can explain all the legal deadlines that apply to your case. Working with an attorney familiar with truck accident cases in Florida can help you meet the applicable deadlines, collect the evidence necessary to present a compelling case, and understand how much your case might be worth. Most provide free case consultations for victims and their families.
The Deadline for Filing a Truck Accident Lawsuit in Florida Recently Changed
Recently, Florida lawmakers changed the personal injury lawsuit filing deadline, altering the statute of limitations for personal injury cases to just two years. Florida’s statute of limitations on wrongful death, Florida Statutes § 95.11(4)(d), has not changed. It remains two years from the date of death.
The statute of limitations sets a deadline for preparing and filing the paperwork that begins a civil lawsuit. Missing this deadline could prevent you from proceeding with the case and make it difficult or impossible to recover fair compensation. Exceptions could also apply that alter the deadline that applies to your case. An attorney will be able to explain any exceptions in your case.
For a free legal consultation, call 863-250-5050
Other Reasons to Work on Your Florida Truck Accident Case as Soon as Possible
The statute of limitations is not the only reason to act quickly after an injury accident occurs. After a truck accident, the trucking company will possess much of the evidence necessary to build a compelling case. You need to preserve this evidence before they misplace or destroy it. Other evidence is in jeopardy, too.
Strong evidence is essential to proving negligence and liability and recovering fair compensation. Some of this evidence becomes more difficult to identify and collect or disappears as time passes. For example, surveillance cameras from nearby businesses often capture intersection accidents. However, businesses regularly only save these files for a few weeks. You need to identify and preserve this video before this occurs.
Your lawyer can collect evidence to support your truck accident lawsuit. This could include:
- The trucker’s rest logs
- Post-accident drug and alcohol test results
- Dashcam video footage
- Data from the truck’s onboard computer
- The driver’s work and driving history
- The driver’s medical certification
One option for gaining access to this evidence is to have a personal injury lawyer send a spoliation letter to the trucking company as soon as possible after the crash. This letter will demand they preserve any possible evidence and indicate your intent to possibly file a claim or lawsuit.
A Truck Accident Lawsuit Is Not Always Necessary
Often, Florida commercial vehicle collision claims settle without needing to file a truck accident lawsuit. The trucking company’s corporate insurance policy could pay a fair settlement, avoiding an expensive lawsuit and the risk of seeing the company’s name in the news.
Like most states, Florida law allows victims to hold the trucking company vicariously liable for accidents caused by their employees. Careless and reckless truckers cause many commercial vehicle crashes each year. If you can show the truck driver’s negligence caused your accident, you may be able to create a case against their employer.
Sometimes, victims must file a lawsuit to hold a trucking company responsible for a crash. Not all lawsuits go to trial, though. Many settlement negotiations still occur after a lawsuit begins. As the insurance carriers and liable parties see the wealth of evidence showing what happened, they are often more inclined to offer a higher settlement than they were before the lawsuit.
Of course, your lawyer will take the case to trial if a verdict and court award could benefit you in pursuing fair compensation.
Your Florida Truck Accident Attorney Can Help You Seek Compensation for Your Recoverable Damages
Once you receive the necessary medical care and your injuries are stable, connect with a truck accident attorney who will determine the timeline for your case and explain your legal options. Most represent clients on contingency-fee basis, meaning there are no upfront fees to pay, and you only pay if your case is won or settled.
Your attorney will manage all aspects of your legal case against the at-fault driver and their employer. This includes developing a plan, investigating what happened, and representing your best interests.
Having an attorney on your side could benefit you if you suffered catastrophic injuries. We often help family members navigate the legal process after a loved one suffers a life-altering injury and cannot act on their own. This could include traumatic brain injuries, spinal cord injuries, traumatic amputations, burns, and more.
You do not have to try to navigate the legal process on your own. We often seek compensation for clients to cover the following:
- Medical bills and related expenses, current and future
- Ongoing care costs
- Income losses for time away from work
- Diminished earning capacity for long-term injuries
- Miscellaneous expenses
- Pain and suffering
- Wrongful death damages, when applicable
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Ask Dave About the Next Steps in Your Florida Truck Accident Lawsuit
At Dismuke Law, we provide free initial case consultations for truck accident victims in Florida. We will review your case facts, discuss your rights, and help you take the necessary steps to hold the trucking company liable, whether that includes negotiating a settlement, filing a lawsuit, or both.
Contact us today to get started with your case assessment. A member of our team can answer any questions you have.