Trucking accidents mean catastrophe for so many. These types of accidents cause serious injuries and financial losses. However, a solid truck accident claim can help you receive the healthcare and financial assistance you need while recovering from a crash.
If you were involved in a trucking accident, this post will give you the basics of starting your claim. With over 20 years of experience, the Law Offices of Theodore A. Naima is committed to championing the rights of personal injury victims. We can help you pursue the compensation you deserve after a trucking accident.
First Steps
Following a truck accident, your immediate actions are paramount. Taking the following steps is crucial:
- Seeking care. An examination from a healthcare provider can help identify your accident-related injuries and make it harder for an at-fault party to deny responsibility. You should follow your doctor’s treatment plan and keep detailed records of all medical appointments, treatments, and expenses.
- Filing a report. The Department of Motor Vehicles (DMV) requires reporting within 10 days of any traffic accident involving injury or property damage worth more than $1,000. Failing to report can result in sanctions against you, and the at-fault driver’s insurance company will demand the report before paying any accident claim.
These steps can help you heal, comply with the law, and help ensure the proper handling of your claim.
Filing an Insurance Claim
A claim for an 18-wheeler truck crash or traffic accident typically starts with an insurance claim. Depending on the facts of your case, you might file a claim against the driver’s insurance carrier or their employer’s insurer.
An insurer may have you provide the following:
- Your accident report,
- Related medical records,
- Property repair estimates,
- A witness list,
- Photographs,
- Wage and employment records, and
- Receipts for out-of-pocket expenses.
Having a knowledgeable attorney by your side is essential when filing your claim. Insurance companies often require claimants to provide accident statements and answer questions about what happened during and after a crash.
To avoid paying, many insurers twist claimants’ words, downplay their injuries, and overstep boundaries when asking questions. We can help stop this conduct.
If an insurer does not offer you an adequate settlement, you can file a lawsuit to obtain the truck accident compensation you deserve.
Filing a Lawsuit
In New York, the Civil Court of the City of New York hears civil lawsuits for damages worth less than $50,000. The Supreme Court of the State of New York handles civil lawsuits with damages over $50,000. We can help you identify the proper court for your truck accident claim and complete the steps necessary for a successful trial.
Starting the Case
You must file a summons and complaint with the court to initiate a lawsuit. The complaint outlines the facts of the accident, the legal basis for your claim, and the damages you seek. The summons notifies the defendant of the deadline for answering the complaint.
Serving Your Paperwork
You must serve the defendant with the summons and complaint within 120 days of starting your case. Service means having someone at least 18 years old and not part of your case deliver the paperwork.
Engaging in Discovery
Following the defendant’s response to your complaint, you can start the discovery process. During discovery, you will request and collect evidence related to your case. You might send the defendant interrogatories, which are questions to which the defendant must give sworn answers, or send a subpoena to anyone involved to demand their testimony or related records.
Once discovery ends, you present your evidence and arguments at trial. Depending on the strength of your evidence, the defendant might offer a better settlement and end the case early.
The Law Offices of Theodore A. Naima can put you in the best position to obtain the compensation you deserve while maintaining your peace of mind.
Contact Us to Discuss Your Truck Accident Compensation Claim
Bring your claim for an 18-wheeler truck crash to our award-winning attorney at the Law Offices of Theodore A. Naima. We represent only the victims in personal injury matters and want to help you. Reach out to us today by phone or online for an appointment.
Resources:
- Service of papers, N.Y. CPLR § 2103 (2015), link.
- Use of interrogatories, N.Y. CPLR § 3130 (2014), link.
Theodore A. Naima
Theodore A. Naima is the founding partner of the Law Offices of Theodore A. Naima, a Personal Injury & Medical Malpractice Law Firm based in New York. In 2015, Ted was awarded the prestigious AV Preeminent® rating from Martindale-Hubbell®, the company that has long been recognized as setting the gold standard for lawyer ratings, signifying the highest degree of peer recognition and professional excellence.
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