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Are truck accident cases the same as car accident cases?
In some basic ways, car accident cases, truck accident cases, and most other personal injury cases are the same. In order to make a recovery, the person who was hurt must be able to prove that the defendant’s negligence caused the injury and the injured party must be able to prove the value of the damages. In either a truck accident case or a car accident case, a recovery may be made through settlement negotiations or in court.
But There Are Important Differences
While the basic premise of a truck accident case and a car accident case may be the same, there are important differences that often make truck accident cases more complicated than car accident cases. These differences include:
- The number of potential defendants. Defendants in a truck crash may include the trucker, the trucking company, the company that loaded the cargo, the manufacturer of the truck, or the maintenance people who worked on the truck.
- The complexity of the crash. Given the potential number of defendants and the federal regulations that govern the trucking industry, a truck accident case can be complicated.
- The injuries and damages suffered in the crash. The size and weight of the truck can lead to significant injuries and damages.
Additionally, truck accident defendants are almost always represented by attorneys. They have a lot at stake financially and they want a strong defense. If you have been injured in a truck crash then you should be prepared for that defense and be ready to fight for your fair and just recovery.
Talk to a Truck Accident Lawyer Today If You’ve Been Hurt
Even if you’ve handled your own car accident case in the past, it is important to speak with an experienced truck accident lawyer before filing a truck accident case or pursuing settlement negotiations. Contact us online or call us directly at 800.800.5678. During a free initial consultation, an attorney can provide you with tips and resources for a successful truck accident case and help you protect your rights and potential legal recovery.
How long do I have to file a truck accident personal injury case in Wisconsin?
Your time to file a case in court is limited. The Wisconsin statute of limitations typically provides truck accident injury victims with three years to file a complaint in court. However, there are important exceptions to this rule, and there are compelling reasons to take action long before the statute of limitations is set to expire.
Statute of Limitations Exceptions
While you generally have three years from the date of your truck accident injury to file a personal injury case in court, there are important exceptions to that rule. For example, the statute of limitations may be extended if:
- You were a minor at the time of the truck crash. If you were under the age of 18 when the crash occurred and your parent or guardian did not take legal action on your behalf, then you typically have two years from your eighteenth birthday to file a case.
- You were mentally incompetent at the time of the truck crash. If you were unable to file a claim because of a mental disability and your guardian did not take legal action on your behalf, then the statute of limitations may be extended for up to five years.
Additionally, your time to legal action may be shortened if you are hurt in a crash with a government truck.
Don’t Miss a Deadline That Could Jeopardize Your Recovery
If you try to file a complaint in court after the statute of limitations has expired, then the defendant’s lawyer will likely file a motion to dismiss your case. The judge will grant that motion and end the case without your recovery of any damages.
Accordingly, it is important to take action quickly—well before the statute of limitations expires and while evidence is still obtainable. You can take action by speaking with an experienced truck accident lawyer to schedule a free, no-obligation consultation.
Contact us online or call us directly at 800.800.5678. Our lawyers would be pleased to meet with you, to talk about how a Wisconsin truck accident case works, and to talk about the steps that we can take to protect your rights.
Can I file a lawsuit after a Wisconsin truck accident?
If you have legal standing to file a personal injury case in Wisconsin, then you have the right to file a truck accident case in state court. It is important to know whether you have standing before you take action. If you do not have standing and you file a complaint in state court, then you can expect the defendant will quickly file a motion to dismiss and that the motion will be granted without your recovery of any damages.
An experienced truck accident lawyer can help prevent this from happening to you so that you don’t unnecessarily incur expenses and stress related to a lawsuit that you do not have standing to file.
Four Situations When You Might Have Standing
Pursuant to Wisconsin law, you could have standing to file a truck accident injury case if:
- You were hurt in the accident. You must have suffered physical injuries and not just property damage in the case in order to file a personal injury claim.
- You are the parent or guardian of a minor child who was hurt in the accident. Children under the age of 18 cannot bring their own cases in state court. As the child’s parent or legal guardian, you may file a personal injury claim on your child’s behalf.
- You are the legal guardian of an adult who was hurt in the accident. Some adults with diminished mental capacity may have court-appointed legal guardians to help them make important decisions. A personal injury case is one of these decisions and should be considered by you if you are the legal guardian of someone who was hurt in a Wisconsin truck crash.
- You are the personal representative of the estate of someone who died in a truck crash or you are someone with the legal right to recover damages in a wrongful death case. The Wisconsin statutes are clear about who can be the plaintiff in a wrongful death case and should be consulted after a fatal truck crash.
To learn more about how a truck accident case works in Wisconsin or about how to protect your rights to a fair recovery, please contact us today via this website or by phone to schedule a free consultation.
Can I still make a legal recovery if I was partly at fault for the Wisconsin truck crash that resulted in my injuries?
Yes, in some cases you may still be able to obtain a court verdict or negotiate an insurance settlement even if you were partly at fault for the truck crash that left you injured on a Wisconsin roadway. What you may be able to recover depends on the amount of fault that is ultimately attributed to you.
Wisconsin Comparative Negligence Law
The Wisconsin comparative negligence law allows you to recover damages if:
- Your negligence was not greater than the negligence of the defendant from whom you seek damages.
- Your negligence was less than 51% of the total negligence that caused the crash.
The amount of damages that you can recover will be reduced by the percentage of fault that is assigned to you. For example, if you are found to be 25% responsible for the crash because you were speeding and the trucker is found to be 75% responsible for the crash because he made an illegal turn, then your recovery of damages would be reduced by 25%. Thus, if the value of your damages is found to be $100,000, you would be able to recover $75,000.
It will be up to you and your attorney to convince the insurance company or the court of the percentage of fault that should be attributed to each defendant and to you. This will require compelling evidence and convincing arguments. It is a matter that you should expect will be hotly contested and one that your attorney will pay a lot of attention to beginning at your first consultation and continuing throughout your case.
To learn more about how a Wisconsin truck accident case works and the damages that you might recover in a settlement or in court, we encourage you to speak with an experienced truck accident attorney as soon as possible. Contact us online or call us directly at 800.800.5678 today to schedule your free consultation. We look forward to helping you through this difficult time and to getting you the fair recovery that you deserve.
Do I really need a lawyer after a truck accident crash? How do I choose one?
Yes, if you have been injured in a truck accident then you likely need an attorney to represent you. Your time to file a truck accident case is limited by law and your recovery is important to your future. Accordingly, you want to have every advantage when it comes to negotiating a truck accident settlement or having your case decided in court.
How a Lawyer Can Help
Your attorney can:
- Complete a full investigation. This will help you get the evidence that you need to support your claim and identify the right defendants.
- Negotiate with insurance companies. The insurance companies have skilled negotiators working to limit your recovery. You deserve to have a skilled negotiator working to get you a fair recovery.
- Make sure that all deadlines are met. The statute of limitations creates a deadline by which a complaint must be filed in state court. If you miss this deadline, then your case may be dismissed and you will not recover damages. Once a case is filed, other deadlines also apply.
- Advocate for your full recovery in court. An experienced truck accident lawyer can represent your interests in court and help you get the legal recovery you deserve if a settlement is unattainable.
You do not have to worry about the cost of hiring a lawyer. Our experienced truck accident attorneys work on a contingency fee basis. That means that we are paid a percentage of your ultimate recovery and not an hourly fee. If you don’t recover anything, then we don’t get paid.
How to Hire a Truck Accident Lawyer
Truck accidents are different from car accidents. You want a lawyer experienced with truck accident cases and one whom you trust to work hard on your behalf.
Before you hire any lawyer, it is important to schedule a free consultation with that lawyer. During this meeting, you can learn more about how a truck accident case works, your potential recovery, and how an attorney can help you get the recovery that you deserve. Contact us online or call us directly at 800.800.5678 to schedule your free consultation.
What should I say when an insurance adjuster contacts me after a truck accident?
You ask a very important question because your answer could have a significant impact on your eventual financial recovery.
Insurance adjusters are doing the work of the insurance companies which employ them. Insurance companies maximize their profits by paying out as little as possible in settlements. Their goal is to get you to settle for as little as possible, and anything that you say may be misconstrued and used against you during settlement negotiations.
How to Handle the Phone Call
Once you are aware of the insurance adjuster’s goal, it is easy to see how anything that you say can quickly become a problem. A question as simple as, “How are you?” that is answered with a reflexive, “I’m good, how are you?” can be taken to mean that you are not actually suffering the injuries that you claim to suffer from your truck accident. Even if you are able to get through that question, you can be confident that the insurance adjuster has been trained to ask other leading questions that are designed to get you to make a mistake.
You can avoid these potential costly pitfalls by directing the insurance adjuster to your attorney. Once the insurance company is notified that you are represented by legal counsel, all communications—whether verbal or written—should be directed to your lawyer. You will no longer have to deal with the stress of answering questions or the fear that you are making a mistake.
Contact a Lawyer Today and Stop Worrying About Insurance Adjuster Phone Calls
Your experienced truck accident lawyer will not only answer the insurance adjuster’s questions about your truck wreck. Your lawyer will also represent your interests during settlement negotiations and advocate for your full and fair recovery of damages. Those damages should include compensation for all of your medical expenses, lost income, physical pain, emotional suffering, and other costs. Therefore, we encourage you to start protecting your rights now by contacting an experienced truck accident lawyer to learn more about how a truck crash case works and the damages that you might recover. Contact us online or call us directly at 800.800.5678 to schedule your free consultation today.
Who will pay my medical bills if I’ve been hurt in a truck accident?
If you choose to do nothing, then you will be the one who pays for all of your medical bills.
But It Doesn’t Have to Be Like That
Instead, you may be able to receive compensation for past, current, and future health care costs from the trucker, trucking company, or other party that caused your truck accident or from the insurance companies that insure the defendant(s).
As with any type of damages, you will need to prove the value of your damages to the insurance company or to the court. The evidence that you may need to establish the value of your damages could include:
- Copies of your medical bills.
- Receipts for prescriptions, rehabilitation therapies, or assistive medical devices.
- Testimony from medical experts about your future medical needs.
Your truck accident lawyer will work with you to identify the right types of evidence for your claim.
Get All of the Medical Costs You Deserve Following A Truck Accident
Medical costs cover a wide variety of health care expenses. Specifically, you should fight for your fair compensation for all of the following costs that are applicable to you:
- Medical tests.
- Doctors’ visits.
- Rehabilitation therapies, including physical therapy and occupational therapy.
- Assistive medical devices, such as crutches and prosthetic limbs.
Any cost that you can prove is related to the diagnosis, treatment, or cure of your injury may be included in your recovery.
An experienced truck accident lawyer can help you identify all of the potential medical costs that you may recover and present the right evidence to convince the insurance company or the court of the value of the recovery that you should make.
To learn more, please schedule a free, no-obligation consultation with our legal team as soon as possible. We want to help you get the full and fair truck accident injury recovery that you deserve as soon as possible. If you've been involved in a truck accident, contact us online or call us directly at 800.800.5678 to schedule your free consultation.
I’ve incurred a lot of miscellaneous expenses since my truck accident. Can I recover for these costs in a truck accident lawsuit?
Yes, you may recover for any expenses or costs that you can prove were directly related to the injury that you suffered in a truck accident that was caused by someone else’s negligence. In other words, if you can prove that the trucker, the trucking company, or another party was responsible for the injuries that you suffered, then you can recover for any out-of-pocket expenses that you had to pay because of those injuries.
What Kinds Of Costs Are Included After A Truck Wreck?
The law allows you to recover for anything that you had to pay for because of your injury. Of course, this is limited to reasonable expenses (vacations, for example, are not costs you had to incur because of your injuries). While each recovery is unique and based on the specific situation of the truck accident victim, some types of expenses that could be included in your recovery are the costs of:
- Household help. If you need help taking care of your home because of your injuries, then those costs may be reimbursable.
- Transportation. If you incur transportation costs because of your injuries, then those costs can be included in your recovery.
- Child care. If you did not need child care prior to your injury and now you do, then those costs may be part of your settlement or court recovery.
- A funeral. If your loved one died as a result of truck accident injuries, then funeral costs can be part of a recovery.
Any other costs that you did not have to pay for prior to injury and that you paid because of your injury may also be included in your recovery.
Protect the Recovery That You Deserve
The insurance company or the defendant may argue that the costs that you are claiming are not necessary. It is up to you to prove that you had to pay them because of your injuries and you will need to prove their exact value. In order to do this, you are going to have to present evidence such as receipts, medical records, and expert testimony.
An experienced truck accident lawyer can investigate your claim, gather the right evidence and fight for your fair and just recovery of out-of-pocket costs and all other damages related to your truck accident injuries. If you've been involved in a truck accident, contact us online or call us directly at 800.800.5678 to schedule your free consultation.
Can I recover the income that I’ve lost because of my truck accident injuries?
Yes, any income that you can prove that you lost as a direct result of your truck accident injuries may be part of the damages that you recover in a truck accident case. This includes income that you earn if you work for someone else as an employee, income that you earn as an independent contractor, or income that you earn from being self-employed.
How to Prove the Full Value of Your Lost Income
The burden is on you to prove the value of your lost income, just as it is on you to prove the value of your other truck crash damages. Proving the value of your lost income may require you to present copies of your:
- Most recent pay stubs.
- Most recent tax returns.
- Employment contract.
- Company’s policies about bonuses, raises, and benefits.
- Business plan.
- Customer contracts.
Any other documentation that can prove the value of your wages, benefits, or income from self-employment will also be relevant.
The insurance company that you are trying to settle with or the defendant that you are suing in court wants to minimize the value of your lost income so that they can pay you as little as possible. The best way to prevent this from happening to you is to make a strong case about the value of your lost income damages.
An Experienced Truck Accident Lawyer Can Help You Do That
Our legal team knows how to investigate truck accidents, identify the right defendants, and fight for our clients’ full and fair recoveries. We only represent people who have been hurt in accidents. If you have been hurt then we will provide you the attention that you deserve and we will fight hard to get you the compensation that you need for all of your past, current, and future lost income. Whether you can’t work at all, you have to work reduced hours, or you have to work a lower wage job because of your truck accident injuries, you should speak with an experienced truck accident attorney as soon as possible. We encourage you to contact us online or call us directly at 800.800.5678 to learn more about your rights today.
Can I recover pain and suffering damages if I’ve been hurt in a truck accident?
Yes, you may recover damages for the physical pain and emotional suffering that you endure after a truck wreck. Since the moment you were hurt you may have realized that your physical pain and your emotional suffering were among the most costly and significant of the injuries that you suffered.
Truck Accidents Are Among the Hardest to Value
While the law allows you to recover for your pain and suffering, there are no bills or documentation that you can submit to prove the value of these damages. Instead, you are going to have to present evidence to the insurance company during settlement negotiations or to the court during litigation to prove how badly you’ve been hurt and how your injuries have impacted your life.
Such documentation could include:
- Medical records that show the extent of your injury and reflect on your physical pain.
- Evidence of treatment you’ve received by a mental health professional.
- A diary of the activities that you missed because of your injuries and the daily living activities that you struggle with since your injury.
- Statements from friends and family members about how your injury has impacted your life.
Your injury is unique, however, and you may have additional evidence to present that helps to prove the value of your pain and suffering.
Talk to an Experienced Lawyer About Your Fair Truck Accident Recovery
Pain and suffering is an important part of your truck accident compensation; however, there are also other damages that will help fully compensate you for the injuries that you have suffered.
You deserve to make a full recovery, but you need to know that the defendant and the defendant’s insurers are going to fight hard to minimize that recovery.
You need to fight hard too, but you do not need to do it alone. Instead, you have the right to work with an experienced truck accident lawyer who will fight hard for your fair and just recovery.
We want to help you get the recovery that you deserve, but your time to file a case is limited by law. If you've been involved in a truck accident contact us online or call us directly at 800.800.5678 to schedule your free consultation.