One accident with a large semi-truck or 18-wheeler is all it takes to turn your life upside down. Truck crashes can mean catastrophic injuries and months of medical expenses. You can’t work because you are hurt, and you can’t pay your bills.
When an injury occurs because of another person’s actions, you deserve compensation. Our Dania Beach truck accident lawyers will help you understand your rights and get the help you need to pay your bills and care for your family. You don’t have to go through this alone.
At Winston Law Firm, we’ve been standing up for injured victims since 1989, and our Dania Beach personal injury lawyers are ready to fight for you. Contact us today to schedule a free consultation and tell us your story.
Should You Take a Settlement After a Truck Accident?
Soon after your accident, an insurance company may approach you with a settlement offer. It seems like they are looking out for you and getting money in your pocket to help with your expenses. Unfortunately, they often have another agenda, and they aren’t on your side.
Sometimes, insurance companies offer lowball settlements in the hopes that you don’t know what your claim is really worth. If you accept their offer, you waive your rights to future compensation. They get off the hook for a bargain, and you still need help.
It is never wise to accept an insurance settlement without consulting a lawyer. Our Dania Beach truck accident attorneys know how insurance companies operate, and we will not let them take advantage of you.
Who Is Liable in a Truck Accident?
One of the most important tasks your attorney will perform is investigating your accident and determining who is liable. We may review police reports, talk to witnesses, or, if available, review security cameras and dashcams.
Once we know who was at fault, we can begin to put together your claim. While it often seems obvious that the truck driver has to be the liable party, other situations aren’t so clear-cut. Some of the parties responsible for truck accidents could be:
- The truck driver, if they had been operating their vehicle recklessly, ignored safety protocols, or were under the influence of drugs or alcohol
- A trucking company if they imposed unsafe conditions or required drivers to work long hours without rest.
- A third driver or pedestrian, if they had caused the truck driver to swerve
- The truck or parts manufacturer, if a defect or malfunction caused the crash
- A truck mechanic maintenance provider, if they allowed an unroadworthy vehicle in operation
- You. Under Florida’s comparative negligence laws, you can recover compensation even if you were partially at fault for the accident.
Florida’s Modified Comparative Negligence Rules
If you are partially responsible for an accident in Florida, you may be able to recover damages. Your percentage of fault reduces the amount you can recover. Therefore, if you are 30% at fault, you may only recover 70% of what you would have otherwise been entitled to.
This can be helpful, as it allows you to get compensation if you were partly at fault. However, it also presents an opportunity for insurance companies to argue that you were partly responsible even if you weren’t. This tactic, they hope, will reduce their payout.
Since 2023, Florida has started operating under a 50% bar rule. This means you must be less than 50% responsible for an accident to recover damages. If you are 51% reasonable, you may recover nothing. Your truck accident lawyer in Dania Beach can help you understand these laws.
What Damages Can You Recover in a Truck Accident?
Your attorney will assess your damages and calculate the maximum compensation amount based on your economic and non–economic damages. We will then use this number to file your claim and negotiate a fair settlement.
Economic Damages
While these are highly specific to your case, your economic damages may include your medical expenses associated with:
- Ambulance transportation
- Emergency room care
- Doctor and specialist visits
- Medications
- Physical and occupational therapy
- Surgeries
- Future medical needs
You may also recover compensation for lost wages during your time away from work due to your injury and property damage for the repair of your vehicle. You can help your attorney compile these expenses by saving receipts and invoices for your costs.
Non-economic Damages
You may be able to recover non–economic damages for your mental, emotional, and social hardships. This could include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
Non-economic damages don’t come with a price tag, and they are harder to prove. Your attorney can advise you whether they are applicable to your case.
How Much Does a Truck Accident Lawyer Cost?
We don’t charge for our services until we win your case. At that point, we will deduct our fees and expenses from your award. If we don’t win, you don’t pay. This is known as a contingency fee agreement, and it makes our services available to anyone who needs help.
Don’t try to go up against a powerful insurance company on your own. They have teams of lawyers whose job it is to make sure they win. It only seems fair that you should have access to a board-certified trial lawyer to level the playing field.
Contact a Dania Beach Truck Accident Attorney
When you are injured in a truck accident, it can feel like there is nowhere to turn. You’re hurt, your car is damaged, you can’t work because of your injury, and your bills are piling up. Even worse, your injury makes it difficult or impossible to be there for the people who depend on you.
It can feel like a hopeless situation, but you have rights. When another person causes so much damage in your life, you can seek compensation for your hardships. A Dania Beach truck accident attorney can help you fight for the money you need.
At Winston Law Firm, we’ve received over $60 million for injured victims like you. Check out attorney Bradley Winston’s free ebook, Five Deadly Sins that Can Wreck Your Injury Claim. Or contact us today to schedule a free consultation and find out how we can help.
