The best way to file a truck accident lawsuit is with the help of personal injury lawyers.
Without their help, injured parties may not be able to recover the maximum compensation needed to pay for current and future medical expenses related to the accident.
However, just because a truck accident attorney is essential for filing a lawsuit doesn’t mean plaintiffs can’t do their part to ensure a favorable outcome.
Berry Law La Vista personal injury lawyers have seen firsthand what happens when truck accident survivors take on the legal system alone.
We aim to empower drivers and passengers with the knowledge needed to help our personal injury attorneys build a stronger case for compensation after a truck accident.
What Is the Difference Between a Truck Accident Lawsuit and Claim?
Every accident requires filing claims with an insurance company.
In an ideal situation, the trucking insurance company would offer an appropriate settlement to cover medical expenses, lost wages, and property damages up to the policy limits.
Unfortunately, this is rarely the case.
Often, negotiations break down, and a truck accident lawsuit must be filed to pursue maximum compensation for the following categories:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages
A judge or jury will determine the outcome of a truck accident lawsuit. Their decision could result in the plaintiff receiving a larger settlement than initially offered during the claims process.
How Is a Truck Accident Lawsuit Settled?
While the personal injury claims process involves negotiation with the insurance company, a truck accident lawsuit follows a more formal process that generally includes the following steps:
- Filing of the lawsuit with a court
- The discovery phase, where both parties collect evidence and exchange information
- Negotiation or mediation to settle before going to trial
- Pre-trial motions and hearings
- Trial if no settlement is reached, where the case is presented to a judge or jury
Every court has its own unique procedures for handling cases, especially in Nebraska and Iowa. Therefore, it’s essential to hire award-winning truck accident attorneys.
Their knowledge of filing procedures, statutory deadlines, and cutting-edge litigation strategies specific to auto accident cases will significantly benefit the lawsuit’s outcome.
When Should I File a Truck Accident Lawsuit? | Understanding the Statute of Limitations
A statute of limitations defines the specific timeframe for a personal injury lawsuit or claim.
If this deadline is not met, the court will likely dismiss the case, and the plaintiff will lose their opportunity to seek compensation through legal channels.
Unfortunately, there is no standardized statute of limitations for truck accident lawsuits, as they can vary by state and the case’s specific circumstances.
For example, in Nebraska, plaintiffs generally have four years from the accident date to file a personal injury lawsuit, while in Iowa, they generally only have two years.
Adding to the confusion of when and how to file a truck accident lawsuit is the fact that some states may have different deadlines depending on the following:
- the type of damages being sought
- the age or legal status of the plaintiff/injured parties
- whether wrongful death is a factor
- the truck’s designation (e.g., government-owned or private commercial vehicle)
Because truck accident lawsuits are complicated, filing as soon as possible is essential to meeting the statute of limitations.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
What Do I Need to File a Truck Accident Lawsuit
A Personal Injury Attorney.
The most critical factor in filing a successful truck accident lawsuit is hiring an experienced personal injury attorney. They can guide clients through the complex legal process, gather evidence, and build a strong case for maximum compensation.
Supporting Evidence.
All lawsuits require evidence. Vital evidence to prove the validity and value of a claim typically includes the following elements:
- Police reports
- Eyewitness statements
- Photographs of the accident scene and damages to vehicles
- Medical records and bills related to injuries sustained
- Expert witness testimony
Legal professionals understand how to get this evidence when injuries leave clients unable to function. Moreover, experienced truck accident attorneys can better identify key evidence to support the case for maximum compensation.
Patience and Persistence.
Filing a truck accident lawsuit is not a quick endeavor. It requires patience and persistence as the case moves through the legal system.
At Berry Law, we know how challenging and overwhelming this process can be for injured parties.
To help, we strive to handle as much of the legal work as possible, including but not limited to:
- Personalized consultations to listen to and understand the unique circumstances of each client and their case
- Constant and clear communication of case status and updates
- Strong negotiation skills to pursue the best possible settlement offers
- Aggressive legal representation at trial, if necessary
When experienced attorneys handle the legal work, it is much easier to remain patient and persistent throughout the legal process.
How Much Is My Truck Accident Lawsuit Worth?
Recoverable Economic Damages
In a truck accident lawsuit, plaintiffs may seek compensation for economic damages or tangible losses, including the following:
- Medical expenses (past and future)
- Lost wages/diminished earning potential
- Property damage
Some states cap these damages, while others, such as Nebraska and Iowa, don’t.
However, no matter the state, working with experienced attorneys who understand the current and future economic costs of truck accident injuries is crucial to ensuring maximum compensation is awarded.
Recoverable Non-Economic Damages
Non-economic damages, also known as pain and suffering, are subjective losses that can’t be easily quantified through medical bills or receipts. Non-economic damages may include the following:
- Physical and emotional trauma/pain
- Loss of enjoyment of life
- Mental anguish
These damages vary widely in value and are significant when incredibly negligent or egregious actions are involved.
Understanding Fault and the Value of a Truck Accident Lawsuit
Fault laws will ultimately determine how much a truck accident lawsuit is worth.
In states with comparative fault laws, such as Nebraska and Iowa, the degree of fault assigned to each party involved in the accident can affect the compensation awarded.
So, if a plaintiff is found 10 percent at fault for an accident, they will only be able to recover 90 percent of the total damages.
However, drivers deemed more than 50 percent at fault in both systems may lose their right to compensation entirely.
This fault bar highlights the importance of hiring competent legal support for truck accident lawsuits.
For example, a truck accident may seem like one party’s fault because traffic laws and rules were broken.
However, an in-depth investigation by experienced attorneys may find that additional factors, such as defective vehicle parts or poor road conditions, contributed to the accident.
As a result, the percentage of fault assigned could decrease while the compensation amount increases.
By establishing an accurate and detailed account of the accident, personal injury attorneys can help ensure that all parties responsible for causing harm are held accountable and maximize the compensation awarded to their clients.
The Dos and Don’ts of Truck Accident Lawsuits
DO forward all communication to your truck accident attorneys.
All communication regarding a truck accident lawsuit must be forwarded to attorneys, including but not limited to:
- Insurance company correspondence
- Medical bills and records
- Any legal documents received related to the accident
- Messages or calls from other parties involved in the accident
Once a lawyer is hired, they will handle all communication with insurance companies and other parties involved to ensure that nothing is said or done that could potentially harm the lawsuit’s outcome.
DON’T post about the truck accident on social media.
In the age of social media, it may be tempting to post about truck accidents and injuries sustained. However, this can be detrimental to a lawsuit as insurance companies and defense attorneys may use this information against plaintiffs in court.
DO continue medical treatment and document everything.
Considering that brain injuries and spinal cord damage from high-speed truck accidents can total millions of dollars over a lifetime, it’s essential to continue medical treatment and document any changes or new symptoms that arise.
Failure to do so could rob injured parties of the financial compensation needed to cover future medical expenses.
DON’T give up.
Truck accident lawsuits can be long and arduous, but it’s important not to give up.
Though a truck accident’s physical, financial, and emotional toll may make injured parties feel like taking a quick settlement offer, it’s important to remember that the full extent of injuries and damages may not be apparent immediately after the accident.
Working with our truck accident or wrongful death attorneys ensures that each case is thoroughly investigated and pursued to the fullest extent, providing clients with the best chance at receiving the compensation they deserve.
Truck Accident Lawsuit FAQ
Do I have to testify during my truck accident lawsuit?
It is possible but not always necessary for plaintiffs to testify in a truck accident lawsuit. The Berry Law team relies on expert witness testimony, accident reconstruction, and other evidence to build a strong case and minimize the need for clients to take the stand. However, experienced attorneys will work with clients to prepare them for possible testimony and ensure they are comfortable and confident.
How will I get paid after my truck accident lawsuit?
The compensation awarded will be distributed to the injured party through a lump sum payment or a structured settlement over time. This decision is typically made with the guidance of attorneys and financial advisors to ensure that long-term medical expenses and other costs are covered.
Is there a cap on non-economic damages in Nebraska?
Nebraska doesn’t usually cap non-economic damages. While the defense may try to value a lawsuit based on outdated multiplier rules, Berry Law always applies the latest case law and professional expert testimony to calculate more accurate values for non-economic damages.
When do I pay for a truck accident lawyer?
Berry Law operates on a “no-win, no-fee” structure. Our clients do not have to pay any upfront fees and will only be charged for legal services if the lawsuit is successful. This allows injured parties to access experienced legal representation without worrying about financial strain during an already difficult time.
Trust Berry Law Attorneys to Handle Truck Accident Lawsuits
When insurance negotiations fail or trucking companies refuse to take responsibility, trust Berry Law to deliver the aggressive and supportive legal representation needed to secure maximum compensation.
Schedule a free consultation online or at 402-466-8444 and learn how to file a truck accident lawsuit with the help of our award-winning personal injury firm.
