Pursuing compensation for an accident can be complex and stressful. However, it is not something you have to manage alone. You can ask your truck accident lawyer these six questions and more to learn about everything from investigating your accident to negotiating a settlement.
A Rutherfordton truck accident lawyer in your area can help you navigate state and local laws that affect your case. Personal injury law firms typically offer free consultations that allow them to learn about your accident and you to ask questions. Many will also represent you at no out-of-pocket cost to you and fight hard to obtain the full financial value of your damages.
Ask Your Truck Accident Lawyer About Your Claim’s Potential Value
One of the first questions you might ask after an accident is what it costs to hire a lawyer and whether you could just try to settle your case on your own. Personal injury lawyers typically charge a contingency fee, meaning they only get compensated when you do.
After understanding the fee structure, you could have many additional questions like the ones below.
What Economic Damages Can Truck Accident Victims Recover?
Economic damages compensate you for post-accident costs that would otherwise come out of your pocket, including:
- Current and ongoing medical bills
- Current and ongoing lost wages
- Loss of future earning potential
- Property damage or destruction
- Diminished property value
Your personal injury attorney will document the monetary value of your economic damages with medical, rehab, and therapy bills, property repair bills and replacement estimates, and proof of income.
What Non-Economic Damages Can Truck Accident Victims Recover?
Non-economic damages after an accident can be harder to verify on your own. Your legal team will collect tangible evidence of the value of intangible damages, including:
- Lasting impairments
- Physical disfigurement
- Pain and suffering
- Mental anguish
- Emotional trauma
- Loss of enjoyment of life
A truck accident can take a harrying toll on your life that you cannot document with bills and invoices. Non-economic damages cover these losses.
Can You Get Compensation for the Loss of a Loved One in a Truck Accident?
Losing a loved one unexpectedly can leave your family reeling. While nothing can fully atone for your loss, you can seek damages for its financial toll.
Wrongful death damages typically include the costs of your loved one’s funeral and burial expenses. The decedent’s parents, spouse, and children can also seek financial compensation for the loss of their loved one’s familial and financial contributions. Additional wrongful death damages include loss of consortium, companionship, and society.
Ask Questions About the Timeline of Your Truck Accident Claim
No one can tell you exactly how long it will take to resolve your case since it depends on various factors. The personal injury case process usually involves:
- Filing an insurance claim
- Filing your personal injury lawsuit
- Collecting evidence
- Documenting your damages
- Submitting a compensation request
The final phase (unless your case goes to trial, which is rare) is negotiating a settlement. Your truck accident lawyer will handle this for you, but the final decision is always yours to make, meaning you, too, play a role in the timing of your case.
How Long do You Have to File a Truck Accident Lawsuit in North Carolina or South Carolina?
The personal injury statute of limitations (filing deadline) depends on the state where the accident occurred. Accordingly:
- North Carolina’s personal injury statute of limitations is generally three years, according to G.S. § 1-52. Its wrongful death statute of limitations is generally two years, according to G.S. § 1-53.
- South Carolina’s personal injury and wrongful death statutes of limitations are both three years, according to S.C. Ann § 15-3-530.
Your personal injury lawyer will clarify the statute of limitations, including any potential fluctuations that alter the filing deadline.
What Happens if You do Not File Your Truck Accident Lawsuit on Time?
If the statute of limitations expires, you will not be able to file your lawsuit. The insurance company may also stop negotiating with you, and you will have no available legal avenue that compels the at-fault party to compensate you.
Your lawyer’s legal support can help you avoid filing your lawsuit too late.
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Ask Your Truck Accident Attorney How to Prove Your Right to Compensation
To recover damages, your lawyer will gather evidence to prove the liable party’s negligence. That means proving the legal elements of negligence, which include:
- Duty of care: The at-fault party’s obligation to you
- Breach of duty: Failure to meet their legal duty
- Causation: The link between action and cause
- Damages: Your post-accident expenses and losses
These elements help prove fault. In a truck accident, fault can belong to more than one party. Financial liability could be attributed to the truck driver, trucking company, truck or parts manufacturer, cargo loaders, or a repair and maintenance facility.
What Evidence Will You Collect to Support My Injury Claim?
Your truck accident lawyer will build a strong case file that proves the responsible party’s negligence and the value of your recoverable damages. It will contain:
- Medical records that describe your injuries and their cause
- Salary history records that prove the value of your lost wages
- Photos of your injuries, both vehicles, and the accident scene
- The truck accident report that provides details on the accident’s cause
- Statements from lay witnesses and medical and other relevant experts
The lawyer handling your case will collect, sort, and organize your evidence. They will also use it to steer your case toward a fair settlement and away from a potentially lengthy trial.
Get a Free Truck Accident Consultation Now
If you or a loved one was injured in a truck accident, these six questions can help you understand the steps your lawyer will take to reach a favorable outcome in your case. Our law firm will fight hard for your financial recovery.
Contact our case review team at Farmer & Morris Law, PLLC to start pursuing compensation today.