Babylon Truck Accident Lawyer
There are few vehicles capable of causing as much damage during accidents as trucks. When recovering from painful and distressing injuries, victims may rely on our lawyers for help seeking compensation.
Before filing your case, we must write the complaint. This will identify you as the plaintiff, name the defendant or defendants, and summarize the accident. The complaint will also contain compensation requests based on your exact losses from the collision. Once written, our lawyers can file the complaint with the court. This must happen within three years, or the statute of limitations will be over and you can no longer sue. There are other restrictions on truck accident lawsuits in addition to the statute of limitations, such as which injuries qualify victims to sue. We can confirm whether your injuries make you eligible file a lawsuit and sue for all damages from a truck crash, including your pain and suffering.
To have our truck accident lawyers review your case for free, call The Carrion Law Firm now at (631) 910-7493.
How to Write Complaints for Truck Accidents in Babylon
Writing and submitting truck accident complaints initiates lawsuits for victims. Our lawyers can ensure the complaint we file in court is accurate and contains all the information the judge will need. Injury complaints for truck accidents must provide the plaintiff’s information, the defendant’s information, a summary of the accident, and requests for relief.
Identify the Plaintiff and Name the Defendant
The first step in writing a complaint is identifying the plaintiff and naming the defendant. We must specifically state who is liable for your injuries and will proceed to explain why they are liable for the rest of the complaint. If the defendant’s information is incorrect, they cannot be served, and the complaint may be dismissed, forcing you to refile and delay the case.
In truck accident lawsuits, both the negligent truck driver and their employer may be defendants. Our attorneys will confirm the liability of all parties involved when originally investigating the accident so we can maximize your recovery at the end of your lawsuit.
Summarize the Accident
The next step is to summarize the accident and explain your cause of action. Truckers owe other drivers on the road a duty of care to follow traffic laws, and breaching that duty through driver error causes most accidents. After reading the police report, interviewing eyewitnesses, enlisting crash reconstruction experts, and reviewing the collision with you, we can confirm the accident’s sequence of events to include in the complaint.
Request Relief
Finally, we must expressly request relief for your injuries and damages in the complaint. We will base these compensation requests on your medical expenses, lost wages, and other out-of-pocket expenses we have tracked since the collision. We may also seek compensation for your non-economic damages as well, particularly if you suffered disfiguring or permanent injuries that cause significant emotional distress.
Restrictions on Truck Accident Lawsuits in Babylon
New York restricts who may be plaintiffs in truck accident lawsuits, limiting this only to victims who have passed the serious injury threshold. Furthermore, there are time limits on how long victims have to file their claims, and missing them could prevent victims from holding negligent truckers or their employers accountable.
Injury Qualifications for Filing Lawsuits
First, there are restrictions on who can file lawsuits after auto accidents in New York, including commercial truck accidents. According to I.S.C. Law § 5104, only victims who have suffered a basic economic loss or a serious injury can file lawsuits. Otherwise, victims may have to rely on personal injury protection insurance, which might not cover all their damages. Injuries that automatically qualify as serious include limb loss, significant disfigurement, fractures, and many permanent injuries. Even some non-permanent injuries enable victims to file lawsuits and recover non-economic damages, provided the injuries substantially affect their lives for at least 90 of the first 180 days after a crash.
To prove you pass the threshold, our truck accident lawyers will use a combination of medical records and statements from your treating physicians. We can use this same evidence during settlement negotiations or a possible trial to underscore the severity of your injuries and why you deserve compensation for pain and suffering. Since your medical records are crucial to show you pass the serious injury threshold, go to the hospital immediately following an accident.
Time Restrictions on Filing Lawsuits
There are also restrictions on how long victims may sue negligent truckers or their employers after accidents. According to C.V.P. Law § 214(5), you may have three years to submit your complaint to the appropriate court. Judges strictly enforce filing deadlines, so missing yours would likely block you from recovering any damages. Exceptions to the statute of limitations rarely apply to truck accident lawsuits, so assume you only have three years to sue.
Our lawyers can ensure your case follows the statute of limitations so as not to jeopardize your recovery. We can file well before the final deadline, as this could result in speedier settlement negotiations or trials. Delaying cases could cause issues proving causation, particularly if crucial evidence is not preserved. Immediately after the crash, we can prioritize talking to eyewitnesses and recording their statements. They may eventually testify if your case goes to court, as might experts who we involve for help clarifying certain matters. For example, an expert in accident reconstruction can determine liability based on impact points, tire marks on the road, and photos of debris. Having time to prepare claims and organize evidence without the added pressure of a looming filing date is often beneficial, so do not hesitate to contact our lawyers after an accident in Babylon.
Call Our Attorneys in Babylon to Discuss Your Recent Truck Accident
For a free and confidential case assessment from our truck accident lawyers, call The Carrion Law Firm at (631) 910-7493.