To file a truck accident lawsuit, you must “serve” (i.e., deliver) specific legal documents to the at-fault party and submit those papers to the appropriate court.
The papers serve to commence a lawsuit, typically a Summons & Complaint, “summon” the party charged with wrongful conduct to the court’s jurisdiction, and the “Complaint” sets forth the basis upon which relief is sought.
(For example, the defendant operated their truck in a reckless manner, resulting in injuries to the plaintiff.) If the negligent party’s insurance company refuses to offer an appropriate pretrial settlement, your New York trucking accident lawyer will work to bring the case to trial before a judge and jury in the courthouse.
For more information about how truck accident lawsuits work in NY, you are welcome to consult with our firm at any time.
In This Article
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- When to File a New York Truck Accident Lawsuit
- What You Need to Do Before You File a Truck Accident Lawsuit
- How to File a Lawsuit in New York
- Potential Outcomes to Your Trucking Accident Lawsuit
- Damages You Could Recover in Your Truck Accident Suit
- How an Accident Injury Lawyer Handles Cases Like Yours
- Our NY Truck Accident Lawyers Are Here to Advocate for You
When to File a New York Truck Accident Lawsuit
You have the right to take action if you suffered a personal injury or lost a loved one due to someone else’s negligence. For example, if you were hit by a truck driver who was not properly trained or licensed, the trucking company has failed in their duty to protect others by obeying the law and behaving in a reasonable, appropriately cautious way. You could, therefore, have a case against the trucking company.For a free legal consultation, call (516) 932-0400
What You Need to Do Before You File a Truck Accident Lawsuit
While it is important to act quickly after a truck crash, you should take the time to carefully consider your rights and options before committing to a particular course of action. You might not even have to file a lawsuit at all: many injury victims are able to recover financial damages by filing a claim instead. To determine if filing a lawsuit is the right action for you, consider the following:- Have you (or your lawyer) collected enough evidence to show that someone else’s negligence is responsible for your actions?
- Is there reason to believe that the insurance company will not respond reasonably to your attempts to settle the matter through a claim?
- Are you still within New York’s personal injury statute of limitations?
How to File a Lawsuit in New York
Once you have enough evidence to prove your case, and once you and your attorney have decided that filing a lawsuit is the right course of action, your legal representative will start the process of filing your case. To do this, as mentioned above, they must file the correct paperwork with the court and notify the liable party about the suit. (Typically, copies of the initial lawsuit documents are also sent to the at-fault party’s insurance carrier as well.) Once your suit is filed, the insurance company will have a chance to respond. They might do so by offering a pretrial settlement, offering to negotiate a settlement with you, or by making trial preparations. Communication with your lawyer is essential, as you want to know what the insurance company’s position is with respect to resolving the matter and act promptly if they seem willing to pay an appropriate settlement.Click to contact our personal injury lawyers today
Potential Outcomes to Your Trucking Accident Lawsuit
In many cases, we are able to work with the insurance company to secure a settlement for our clients. This means you do not have to go to court, and you will be able to move forward with your life that much sooner. In cases where the insurer is uncooperative, a trial might be necessary. Trial preparations typically involve:- Scheduling dates
- Selecting jury members
- Exchanging evidence with the defense
- Selecting and preparing eyewitnesses and expert witnesses
- Submitting trial exhibits and other materials
- Preparing oral arguments
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Damages You Could Recover in Your Truck Accident Suit
A lawsuit allows you to pursue compensation for all losses associated with the crash. Many accident victims are most concerned about getting reimbursement for their economic damages, such as medical expenses, lost wages, and property damage. These are a critical part of any lawsuit, and we will certainly include them in your case. That said, it is just as important to consider your non-economic damages, like pain and suffering, diminished quality of life, and disabling injuries. These often form a significant portion of a truck accident settlement, so it is vital to calculate them correctly and ask for an appropriate amount.How an Accident Injury Lawyer Handles Cases Like Yours
No two lawsuits are the same, so every case requires careful attention. One of the most important tasks a commercial truck accident lawyer will perform is communicating with the insurance company throughout your case. This allows us to gauge their reaction to your suit and identify possible ways of ending the case sooner by negotiating a settlement if, and only if, it is to your advantage, when weighed against the risk of other available courses of action (e.g., mediation, trial, etc.) to do so. We also handle all negotiations on your behalf. Insurance companies are too often willing to pressure accident victims into taking less money than they really deserve. An attorney will protect your rights by fighting hard for the amount you need. Finally, if your case goes to trial, we will save you the trouble and anxiety associated with having to speak on your own behalf in court. Our legal team will prepare and present your entire case.Our NY Truck Accident Lawyers Are Here to Advocate for You
Friedman & Simon, L.L.P., has almost a century of combined experience with personal injury cases of all kinds. If you want more information about how truck accident lawsuits work in NY, call us today. Our trucking accident lawyers will explain the process as it applies to your situation and advocate for the compensation you need.Call or text (516) 932-0400 or complete a Free Case Evaluation form