In Florida, the statute of limitations for filing a personal injury lawsuit after a trucking accident is generally two years from the accident date. If the crash resulted in a fatality, the deadline for a wrongful death lawsuit is two years from the decedent’s death date.
Missing these deadlines will likely mean losing the ability to pursue compensation in court. However, exceptions may apply in certain circumstances, so it’s important to understand your specific situation. Our Fort Lauderdale truck accident lawyers will listen to your story and discuss your legal options.
Exceptions to the Two-Year Time Limit for a Truck Accident Lawsuit
While the general statute of limitations for a Florida truck accident lawsuit is two years, exceptions may apply in specific cases, such as:
- Delayed discovery of injuries: If injuries from the accident were not immediately apparent, the filing deadline may be extended from the date the injury was discovered.
- Minors involved: If the injured party is a minor, the statute of limitations may not start running until they reach age 18.
- Defendant leaves the state: If the at-fault party leaves Florida after the accident, the deadline may be paused until they return.
Each case is unique, and legal exceptions can be complex. If you are concerned about filing deadlines, a Fort Lauderdale personal injury lawyer from our legal team and clarify your options.
What Filing a Fort Lauderdale Truck Accident Claim Means: Types of Recoverable Compensation
Filing a personal injury claim means seeking compensation for the losses you’ve suffered because of the crash. Essentially, the goal of a claim is to help you recover financially from the accident’s effects.
Depending on your situation, you may be eligible for fair compensation covering the following economic and non-economic damages:
- Medical expenses, including past treatment and future medical care
- Lost wages if you had to miss work due to your injuries
- Reduced earning potential if your ability to work has been permanently affected
- Property damage, such as vehicle repairs or replacement
- Pain and suffering, including physical pain and emotional distress
- Rehabilitation costs for ongoing therapy or medical support
- Wrongful death damages if you lost a loved one in the accident
Our trucking accident lawyers will work to pursue compensation for all the losses you suffered. That means we will look beyond your immediate costs. We will also consider long-term financial impacts, emotional suffering, and any future care you may need. We will handle the legal process while you focus on your recovery.
Who is Liable for My Truck Accident Injuries in Fort Lauderdale?
When you file a truck accident claim, you are seeking compensation from those responsible for the crash. In many cases, liability isn’t limited to just one party. Multiple individuals or companies may share responsibility.
Identifying the responsible party or parties is crucial because it ensures you pursue fair compensation from all sources available to cover your losses. Depending on the circumstances of your accident, you may file a claim against:
- The truck driver
- The trucking company
- The cargo loaders
- The truck manufacturer or parts manufacturer
- Third-party maintenance providers
Since truck accidents often involve multiple liable parties, filing a claim can be complex. Your Fort Lauderdale truck accident attorney can help investigate your case, determine who is responsible, and seek compensation from all potential sources to ensure your losses are fully addressed.
Do Truck Accidents Have Different Laws than Car Accidents?
Yes. Truck accidents often involve federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA) in addition to Florida state laws. These regulations cover driver rest periods, weight limits, maintenance requirements, and more. Because of these added complexities, truck accident claims require careful investigation and handling.
Should I Accept the Insurance Company’s Settlement Offer?
After a truck accident, you may receive a settlement offer from the insurance company. This offer is meant to resolve your claim, but it’s important to consider whether it fully accounts for all of your damages. Once you accept a settlement, you cannot request additional compensation later, even if you experience additional unexpected costs.
Understanding the full impact of your injuries and financial losses can take time. Our Fort Lauderdale tracker trailer accident lawyerscan help assess each offer you receive and determine whether it aligns with the costs you’ve already faced, as well as any future expenses related to your recovery.
How Long Does a Fort Lauderdale Truck Accident Claim Take to Resolve?
Every commercial truck accident claim is different, so the time it takes to reach a resolution can vary. Some claims reach a fair settlement within a few months, while others take longer, particularly if a personal injury or wrongful death lawsuit is necessary.
The length of the process depends on several factors, including:
- The severity of injuries and the time needed for medical treatment
- The complexity of the investigation
- Whether there are disputes over fault or liability
- The insurance provider’s willingness to negotiate
Personal injury attorneys can typically resolve commercial vehicle accident claims through settlements, where both sides agree on a compensation amount without going to court. Settlements can be a quicker way to recover damages, but it’s important to ensure the amount offered covers both immediate and future expenses.
If settlement negotiations stall, filing a lawsuit may be necessary. While lawsuits may take longer, they allow for a more thorough examination of the case and can sometimes lead to a higher recovery.
Also note that a settlement can still occur at any time, even after filing a lawsuit. Truck accident claims rarely go to court.
Have More Questions About Your Truck Accident Claim? Contact Us for a Free Consultation
If you have additional questions about truck accident claims in Fort Lauderdale, consider speaking with a Fort Lauderdale truck accident attorney from the Law Offices of Anidjar & Levine. Contact us today for a free consultation to discuss your specific circumstances and next steps.
Our legal team can handle negotiations on your behalf and determine whether settling or pursuing litigation is in your best interest. The goal is to reach an outcome that fully accounts for your losses while keeping the process as efficient as possible.
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