To file a truck accident lawsuit in NY, you will have to determine what injuries you suffered and who is responsible for those injuries. Then, if a lawsuit is the best way of handling your case, you will have to serve all necessary paperwork upon the liable party and file it with the court that has jurisdiction over your case.
The good news is that you do not have to do all of these things on your own. Our New York truck accident lawyers have handled every step of this process many times, and we are ready to do the same for you. We will address every detail so you can focus on your medical treatment and healing from your injuries.
In This Article
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- What to Do Before Filing a Personal Injury Lawsuit
- How to File a NY Trucking Accident Lawsuit
- Do All Truck Accident Lawsuits Go to Trial?
- What if There Are Multiple Liable Parties in My Trucking Accident Case?
- Our Lawyers Will File Your NY Commercial Truck Accident Suit
What to Do Before Filing a Personal Injury Lawsuit
Before filing a case, you want to be sure that you have enough evidence to support every aspect of your story. Important evidence in truck accident cases includes:- Medical records that prove you received treatment and state clearly what your diagnosis, prognosis, and treatment plan are
- Witness statements that corroborate your version of events
- Video or photo footage that shows how the accident happened or what the consequences were (e.g., damage to your car or your physical injuries)
- Black box data from the truck that hit you, which sheds light on what the driver was doing at the time and how the truck itself was operating
- The official police report filed by the responding officer after they finish investigating the crash
- Which party or parties contributed to the crash
- What specific acts of negligence caused the crash
- How much money your case is worth
Can I File an Accident Claim and Then a Lawsuit?
Yes. If you decide to try filing a claim with the insurance company first, you still have the right to file a lawsuit later, provided the time limit set by law (i.e., the statute of limitations) has sufficient time remaining to do so. This is important in cases where negotiations fall through or the insurer refuses to act in good faith.For a free legal consultation, call (516) 932-0400
How to File a NY Trucking Accident Lawsuit
If you and your lawyer decide that filing suit is the right way forward, they will tell you which court has jurisdiction over your case and where the case should be venued. (That is, where the litigation would be processed and a trial would ultimately take place.) . After you have filed with the court and “served process” (i.e., delivered the papers to start a lawsuit) upon the liable party representatives, your legal team will prepare for trial by:- Exchanging litigation instruments with the at-fault party’s defense lawyers
- Conducting “discovery”, i.e., questioning the other party and witnesses
- Helping you feel comfortable with your testimony
- Selecting who will sit on the jury
- Submitting evidence to the court
- Deciding on trial dates
- Choosing who will testify
- Preparing witnesses to testify
When Should I File a Lawsuit for a Truck Accident?
State law gives you a very limited time to file a lawsuit. You must identify who is liable, build a case against them, and decide whether or not to file suit within this window, or else you will lose the right to do so. Act fast to protect your interests. (It is also very important to note that a shorter statute of limitations may apply to your situation, depending upon the circumstances of your case. It is best to take advantage of a free case review with our firm so that you know exactly what deadlines you are facing and what your best options for legal action are.)Do All Truck Accident Lawsuits Go to Trial?
Whether or not your case goes to trial depends on how the insurance company responds to your lawsuit:- If the insurer does not want to go through a trial, they might express a willingness to negotiate a pretrial settlement.
- If the insurer believes they have a good chance of winning, or if negotiations are unsuccessful, you will have to present your case at a trial.
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What if There Are Multiple Liable Parties in My Trucking Accident Case?
It is not unheard of for multiple parties to contribute to a single crash. For example, say that a trucking company failed to properly train their driver, and that the truck was fitted with defective tires that made the accident worse. In this scenario, the trucking company and the tire manufacturer might share liability. In situations like this, you have the right to take legal action against both (or all) at-fault parties. This would make your case more complex because:- Your lawyer has to maintain communication between a greater number of parties
- Each party’s insurer will decide how to respond to your case, and they might make different decisions (e.g., one wants to settle and the other wants a trial)
- You will have to build case files against each liable party, and while there will be some overlap, this still requires extra work
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Our Lawyers Will File Your NY Commercial Truck Accident Suit
Friedman & Simon, L.L.P., is a nationally recognized personal injury law firm, and we have over thirty years of successful experience in fighting for the outcomes our clients deserve. Call now for more information about how to file a truck accident lawsuit in NY. We offer free consultations to all callers.Call or text (516) 932-0400 or complete a Free Case Evaluation form