Truck Accident Attorney in Titusville
407 South Washington Avenue, Suite #3
Titusville, FL 32796
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Truck Accident Lawyers in Titusville, FL
Being involved in a truck accident can be incredibly frustrating and scary—and potentially debilitating. Because of the sheer size and weight of these vehicles, accidents can cause severe injuries, making a victim unfit for work for months at a time or sometimes forever.
Truck accident legal claims are similar to any kind of motor vehicle claim, but sometimes there is the added complexity of determining who is liable. For example, it could be the truck driver, the trucking company, or a manufacturer, to name a few.
If you've been in a truck accident or lost a loved one, it's important to know your options. The lawyers at Morgan & Morgan have been handling truck accident claims for decades. If you need truck accident lawyers in Titusville, FL, don’t hesitate to contact Morgan & Morgan for a free, no-obligation case evaluation.
Proving Negligence
To be successful in a personal injury claim stemming from a truck accident, you must prove that the other party involved was negligent and their negligence caused your accident and injuries. Specifically, you must prove the following elements in court:
- Duty of Care. The first element that must be proven is that the responsible party owed you a duty of care. In a truck accident case, this is a fairly easy element to prove. Every motor vehicle driver on the road, including truck drivers, has a duty to not engage in actions that will harm others on the road and to take reasonable precautions to keep the other drivers safe.
- Breach of Duty. Next, you must prove that the truck driver breached this duty of care. This is usually done by showing that the driver was doing something illegal and/or distracting, such as speeding, driving under the influence, or texting while driving.
- Injuries. You must also prove that you suffered an injury and incurred losses. If you are in an accident that is caused by another party, but you suffer no financial loss and no physical injuries, you won’t be successful in a personal injury truck accident claim.
- Causation. Finally, you must provide evidence that your injuries were caused by the defendant’s negligent behavior. If you were injured in the accident but their negligence didn’t cause the accident and had nothing to do with your injuries, this won’t be enough. There has to be a causal relationship.
If you can prove all of the above elements, you will be successful in a personal injury claim. In some cases, you won’t have to prove all of this in court, as most truck accident cases settle before they get to trial. However, the other party’s attorney will certainly look at the evidence to try to determine if they think you have a strong case, which will affect the settlement offer.
Statute of Limitations
All personal injury claims, including those stemming from truck accidents, must be filed within a certain timeframe. If you don’t file your claim on time, you will lose out on recovering any compensation, even if you otherwise would’ve been entitled to it. In Florida, you must file your claim within 4 years of the date of the incident. This may sound like a long time, but the sooner you speak with truck accident lawyers in Titusville, FL, the sooner you can obtain the financial help you deserve. The more time that passes without you speaking to a lawyer, the more difficult your case becomes to win. An experienced attorney will want to speak with witnesses and obtain video footage if available. If you wait too long after the accident, witnesses may be unable to be located or forget what occurred, and video footage may have been unintentionally or automatically deleted.
Exceptions
Florida law recognizes certain exceptions to the statute of limitations for personal injury claims.
Incapacitated. If you were incapacitated in any way—mentally or physically—the statute of limitations won’t begin to run until you are no longer incapacitated.
Responsible Party Leaves the State. If the party responsible for your accident and injuries leaves the state of Florida before you had the chance to file your lawsuit, this doesn’t get them off the hook. While they are out of the state, the statute of limitations typically will be paused.
Discovery Rule. In some cases, victims don’t become aware of their injuries until years after an accident. This doesn’t mean you’re totally out of luck. If an injury was discovered after the deadline has passed, and it wasn’t reasonable for the injury to have been discovered sooner, the statute of limitations begins to run upon the discovery of the injury.
Government. There is usually a shorter statute of limitations when you’re filing a claim against the government. These types of cases can be a bit complicated, so talk to a lawyer right away if you believe this applies to you.
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FAQ
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
Can YouYou Can Recover Compensation Even If You’re Partially at Fault?
Many people are under the impression that if they’re partially at fault for the accident and injuries they suffered, they aren’t eligible to file a personal injury lawsuit. Fortunately for victims, this isn’t the case. The fact that you played a part in the incident doesn’t mean the other party is off the hook, nor should it. Florida personal injury claims are governed by pure comparative negligence. Under this law, you can recover compensation through a lawsuit even if you were 99 percent responsible for the accident. Your percentage of responsibility will be determined at trial, and any monetary award you receive will be reduced by that percentage. For example, if you were awarded $100,000 and deemed to be 40 percent at fault, you would take home 60 percent of the award, or $60,000.
What Kind of Compensation Can I Receive in a Truck Accident Claim?
In Florida truck accident claims, you can recover monetary compensation if another negligent party caused the accident. This is known as damages. The types of damages you can receive in Florida include the following:
Economic Damages
Economic damages refer to the losses you suffer from the injury that are easily quantifiable into monetary terms. Most commonly, this includes medical expenses, lost wages, lost future wages, lost earning capacity, the cost of rehabilitation and prescriptions, and other expenses you incur as a result of the accident.
In the state of Florida, there is no cap on the amount of economic damages that can be awarded to you at the conclusion of a trial.
Non-Economic Damages
Non-economic damages are a bit more complicated to calculate, as they refer to harm you suffered that doesn’t necessarily relate to a tangible expense you incurred. Examples of non-economic damages include emotional distress and loss of companionship. These are much more difficult to quantify, but an experienced personal injury lawyer can help you with this and make sure your expectations are realistic.
In the state of Florida, there is no cap on the amount of economic damages that can be awarded to you at the conclusion of a trial.
Punitive Damages
In rare cases, punitive damages will be awarded as well. Economic and non-economic damages are awarded to the victim as a way to make them whole again – to bring them as close as possible to how they were before the accident occurred. Punitive damages, on the other hand, are awarded as a way to punish the defendant and to deter them and others from engaging in similar behavior in the future. Punitive damages are reserved for particularly troubling behavior, such as gross negligence, extreme recklessness, a wanton disregard for the safety of others, or malicious intent to harm.
There is a cap on punitive damages, though it changes depending on the circumstances. In most personal injury claims, punitive damages are limited to 3x the amount of compensatory damages (economic and non-economic) or $500,000.
How Do You Prove Pain and Suffering?
It’s easy to show expenses you incur as a result of physical injuries, but proving emotional injuries and the effect they had on your life can be more difficult. Some of the most common types of evidence presented to show pain and suffering include the following:
Doctor’s Testimony. Your doctor may be called as a witness in your trial. They will be able to testify to the extent of your injuries and how it will affect the rest of your life. While this is related to physical injuries, the fact that you will be affected by something for a significant period of time in the future will allow the judge or jury to see how this might affect you emotionally as well.
Mental Health Professional’s Notes and Testimony. Your attorney can also use your mental health professional as a witness in your trial. They will be able to provide more insight into your mental state and how the injury and accident have affected that and how it will continue to affect your mental state and your life in the future.
Testimony From Friends and Family. Your friends and family can also be used as witnesses in your trial to testify to the effect that the incident and your injuries have had on your life—not just physically. They know how you were before the accident and can describe how you have changed since.
Your Own Testimony. Additionally, you can testify to your own pain and suffering and how the process has affected you emotionally. It’s a good idea to keep a log immediately after the accident of how you’re feeling, how it’s affecting your life, what you’re no longer able or willing to do, and anything else that will show how influential the incident has been on your life. Being able to present this written information makes it more likely that the court will understand what you’re going through and why pain and suffering damages are necessary.
Contact Morgan & Morgan for Help
Truck accidents are much more likely to be deadly than car accidents due to the size and weight of the vehicle. If you have been injured in a trucking accident, or you lost a loved one because of a truck accident, it is vital that you seek qualified and skilled truck accident lawyers in Titusville, FL, who can fight to get you the compensation and damages that you deserve.
Our truck accident lawyers aggressively represent individuals injured in truck accidents to ensure a fair outcome is reached. We will take the time to evaluate your case and help you with any questions and will be with you every step of the way. As the largest personal injury firm in America, we always have the resources needed to give you the best chance of success. Contact Morgan & Morgan today for a free, no-obligation case evaluation.