Whether a person was guilty of causing an accident or not, they generally need compensation to help them cover their financial losses. This is especially true when the accident involves a vehicle as large as a truck. After getting into a truck accident that a person was partially at fault for, drivers can still receive some compensation based on how much of the accident was not caused by their mistake.
In Florida, a pure comparative negligence standard is followed for all personal injury cases. This means that a person can receive settlement even if they partially caused the accident, but the amount they receive will be limited by their percentage of fault. Florida also grants individuals a 4-year statute of limitations. This means that anyone who gets into a truck accident generally has up to four years from the date of the accident to make a truck accident claim. In most cases, if this deadline is missed, a person will not be able to have their claim legally processed.
There is good news, however. The statute of limitations can be excused in certain cases. For instance, if the person who was injured in the truck accident was a minor then they obviously can not file a legal claim right away, because they are not of age. If this is the situation then an exception can be made to the statute of limitations and the deadline changed until the child reaches the age of 18 and can file a lawsuit on their own.
Another example in which the statute of limitations can be extended is if a person gets into a coma after the truck accident. Naturally, they cannot file a lawsuit so their statute of limitations begins from the date they come out of their coma. This means they have 4 years after recovering to make their legal claim for it to be acceptable.
Anyone hurt in an accident should reach out to a truck accident attorney as soon as possible to figure out if they missed their deadline and if their case counts as an exception to the statute of limitations.
What damages can be recovered after a truck accident in Kendall, Florida?
After a person gets into an accident, they may be eligible for recovering certain damages based on how much harm they suffered. Accident victims can recover compensatory damages for both economic and noneconomic losses. In some cases, a person may also be able to retrieve punitive damages that are awarded to penalize the guilty party because of how egregious their behavior was.
Get in touch with a truck accident lawyer today at Miller Trial Law to start the legal claim process.
Reach us at:
PHONE: (305) 697-8312
FAX: (305) 670-1496
EMAIL: [email protected]
Town Center One
8950 S.W. 74th Court, Suite 1711
Miami, FL 33156-1496
11555 Heron Bay Blvd Suite 200
Coral Springs, FL 33076