Justice Demands Diligence

When a truck accident claim moves from insurance to court

On Behalf of | Mar 15, 2024 | Motor Vehicle Collisions

After a truck accident, the first step toward recovery is seeking medical attention. Next, victims must gather and organize all pertinent information related to the accident and injuries. This includes medical bills, repair estimates, and any lost earnings from the accident. This information is crucial as it forms the basis of the claim that will be filed with the insurance company.

Despite having all the necessary information, settling the claim can still be complex. Certain situations can escalate and necessitate going to court.

Issues with the insurance company

In Florida truck accidents, there are several scenarios where going to court might become necessary. One scenario is if the insurance company refuses to offer a fair settlement. Insurance companies are businesses. They may try to protect their bottom line by offering lower settlements that don’t cover all damages like medical expenses, lost earnings and other related costs.

When they offer the minimum payout possible, the claim can become complicated and may require court intervention.

Problems with assigning liability

Another scenario occurs when parties dispute who is at fault for the accident. Florida follows the pure comparative negligence principle. This principle means that even if the injured party is partly the cause of the accident, they can still recover damages.

However, the compensation is reduced based on how much they were at fault. If the other party argues that the victim contributed to the accident in some way, and the injured party disagrees, a court may need to resolve the dispute to determine the exact degree of fault.

Working through the complex legal system

Florida has a four-year statute of limitations for personal injury claims, including truck accidents. This means those injured have four years from the accident date to file a lawsuit. Resolving a truck accident claim can be lengthy and involves various steps such as filing legal documents, gathering evidence and presenting arguments in court.

A legal professional can assist victims in meeting all necessary deadlines and following the correct procedures. They can also negotiate with insurance companies on the victims’ behalf and represent them in court.