Compensation for a truck accident injury or damages claim is vital, especially when you have significant medical bills and car repair costs to pay or when the crash forced you out of work because of a disability or other circumstances. However, even if you are the victim or on the right side of the law, the process for filing a truck accident claim in Florida is not always simple. It is important to understand the timeline of a truck accident claim to maximize your chances of getting fair compensation.
The timeline for filing a claim
In Florida, you have up to four years from the date of the accident to file a truck accident injury or damage claim. This deadline is known as the statute of limitations, and it applies to any type of civil lawsuit filed in the state, including personal injury and property damage cases. If you don’t meet this deadline, collecting compensation for your losses may be difficult.
The number of parties involved
Truck accidents in Florida are complex cases that involve not just the driver but also the trucking company, cargo loaders, vehicle manufacturer, service team and more. The process of determining who’s at fault can take time because the investigator appointed to the case must assess all factors and points of view.
Negotiations with insurance companies
Florida is a no-fault automobile insurance state, meaning your own insurance company must first cover your damages up to your policy limit. If that’s not enough, you will have to file a claim with the other driver’s insurance company.
The court process
If negotiations fail, the next step may be to take the dispute to court. This can be a lengthy and involved process that requires filing pre-trial motions, gathering evidence and witnesses, preparing statements and more. Depending on how much time the court needs to review both sides of the argument, proceedings can last several months or longer.
With all these considerations in mind, a truck accident claim can take roughly six months to a couple of years to settle. It is important to be proactive, know what the law requires of you and meet all the deadlines to avoid delays.