Being the victim of a tractor-trailer accident can create a lot of problems in your life. According to the Federal Motor Carrier Safety Administration (FMCSA), tractor-trailer accidents are not uncommon. Injuries, expenses, and damage to your car are all problems that are common after such an accident. If you are not prepared for them, then dealing with the financial fallout can be difficult. Fortunately, you may be able to take legal action to protect your finances.
If your accident was caused by a tractor-trailer, you might be able to file a lawsuit against the driver or the company that owns the tractor-trailer to claim financial restitution. The restitution that you are awarded in the lawsuit can be used to lessen the financial impact of your accident and help you get your life back on track. To learn more about your legal options, discuss your case with a tractor-trailer accident lawyer serving Bacliff, TX. You can call D. Miller & Associates, PLLC™ at (713) 850-8600 to discuss your case with our team.
Statute of Limitations
There is a limit to how long you have to file your lawsuit. This is called the statute of limitations, and every state sets its own limitations for different types of injuries. For example, Texas’ Civil Practice and Remedies Code states that you have two years from the date of the accident to file your lawsuit.
If you do not file before the deadline, you may be barred from pursuing your claim. Do not lose your chance to seek recovery by taking too long to start the legal process. Connect with a tractor-trailer accident lawyer serving Bacliff, TX as soon as possible to make sure that you have enough time to get your case assembled and filed.
Determining Liability
A tractor-trailer accident may be treated a bit differently from other types of vehicle accidents because of liability. Liability is a concept that helps determine who is legally and financially responsible for damages. In your case, the tractor-trailer that caused your accident is likely owned by a company that is liable for any damages that that tractor-trailer causes. Therefore, your lawsuit will be against the company instead of the driver.
This becomes a little more complicated since companies and their drivers are usually covered by liability insurance plans. The insurance company will step in to represent the company protected by the insurance plan, so your lawyer will work with the insurance company to resolve the case. This is why filing a lawsuit without a lawyer on your side is not recommended.
Insurance companies are notorious for trying to minimize payments and protect their clients. Having a lawyer gives you added resources to negotiate and take legal action to protect yourself from the insurance company’s interests.
Settlement vs. Trial
Filing a civil lawsuit, like a lawsuit for your accident, can be a stressful thing. Even though you have the right to do it, many victims are nervous about going to trial. Ultimately, going to trial can help you recover financial restitution, which will help you protect your finances. However, your case is not likely to ever go to trial.
The majority of civil lawsuits end in settlement agreements. A settlement agreement is a contract that says you will accept a specific amount of financial restitution in exchange for ending your lawsuit immediately. The driver responsible for your accident is likely covered by a corporate insurance company, which makes the chances of you being offered a settlement agreement more likely. Insurance companies do not like to take cases to trial and usually offer settlement agreements to resolve lawsuits quickly.
If you are offered a settlement agreement, have your lawyer review the agreement before you accept it. It may be tempting to take the first offer that you receive, but that offer may not provide enough financial restitution to cover your expenses. The insurance company is trying to negotiate the lowest possible payment. Fortunately, your lawyer can renegotiate the settlement agreement until it meets your needs.
It is not in your best interest to pursue legal action without a lawyer for several reasons, including the fact that you will need someone to negotiate your settlement agreement. Contact D. Miller & Associates, PLLC™ at (713) 850-8600 to discuss your legal options with our team.
Possibly Recoverable Restitution
The goal of your lawsuit is to file claims for financial restitution from the party that is liable for your accident. There are several types of claims that you can file. The most prominent is your medical expenses. If you were in an accident with a tractor-trailer, you almost certainly have injuries that need medical care and damage to your vehicle that must be repaired. These costs are among the highest and most focused on expenses that accident victims deal with.
You can also file a claim for lost wages. If you have to be out of work because of your injuries or the loss of your vehicle, you will probably be paid for the time that you missed. You can file a claim in the lawsuit to recover the wages that you lost.
Property damage can cover the damages of a wide number of items. Your car is the most prominent item that is listed in a property damage claim. However, you can file a claim for just about any item that was damaged or destroyed in the accident. For example, many accident victims lose their cell phones because of the accident. You can file a claim to have that cell phone repaired or replaced.
There is a special type of financial restitution that you can claim called pain and suffering damages. Pain and suffering is reserved for cases where the emotional and mental impacts of the accident are extreme. It is not awarded in every case, but the amount awarded for pain and suffering can be multiple times the other expenses combined. Discuss this with your lawyer when setting up your lawsuit to see if pain and suffering is a category of claims that you should file for.
Connect with a Lawyer to Discuss Your Case
Dealing with the fallout from a tractor-trailer accident can be difficult on your own. Recruit a tractor-trailer accident lawyer serving Bacliff, TX to help you with your lawsuit. Contact D. Miller & Associates, PLLC™ at (713) 850-8600 to discuss your case with our team.
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