Going through a legal case with any company can be stressful and intimidating. When you get hit by a commercial truck, this is no different and can be even more overwhelming. Now, you have this injury to deal with but also try to go up against a company and have the proof.
Luckily, you don’t have to do this all on your own. With legal representation on your side, you may have more potential for your case. A Las Vegas truck accident lawyer can help you sort out the details to form a solid case.
How to Sue a Company If You’re Hit by Their Truck
If you are injured by a commercial truck in Nevada, you may have a case against the trucking company. You would need to prove that the truck driver was negligent in their duty of care and directly caused the accident and your injuries. It is important to have someone on your side to investigate the accident details and build a strong case potentially showing how the trucker, and therefore the company, were at fault.
Filing a lawsuit against a trucking company requires meeting strict legal deadlines that vary based on the circumstances. Having legal representation can help you understand these intricacies and handle the lawsuit filing process properly on your behalf. Suing within the statute of limitations is crucial for obtaining compensation in a truck accident injury claim.
During the legal process, your lawyer will gather police reports, speak to witnesses, consult traffic engineers, and potentially hire accident reconstruction experts. These steps aim to clearly show how the truck driver’s negligent actions directly resulted in the collision that caused your injuries. The evidence can then be used to demand full and fair compensation from the trucking company.
How You Can Identify the Responsible Party
Determining fault and liability following an accident with a commercial truck can be complex, but the first step is gathering information at the collision scene. Identify the trucking company and driver, take photos of damage and skid marks, get contact details of witnesses, and request a police report. Having documentation from the start will help show what happened and who was responsible later on.
A personal injury attorney has the expertise to conduct a thorough investigation and pinpoint the negligent party after a trucking collision. They can request all evidence like logbooks, inspection records, and cell phone records that may shed light on dangerous trucker behaviors that led to the crash. An attorney can also consult with qualified experts to overcome any defendant’s claims denying blame.
Under Nevada law, more than one party can share in the fault and liability for a victim’s injuries based on their contributing role. Your lawyer will identify all potential contributors to include in injury claims. This could include aspects like an unsafe truck design issue, which may increase potential compensation for you.
Potential Economic Damages
If you sustain injuries from a commercial truck in Nevada, there is a possibility you have a case. These economic damages can include hospital fees, medications, rehabilitation costs, damage to your motorcycle, lost wages from missed work, and reduced future earning capacity. Keeping detailed records of all accident-related costs will help accurately calculate and prove economic damages.
Economic damages may also cover impairment or loss of insurance benefits, retirement funds, stock options, and other financial compensation associated with your career path if the injuries prevent you from working. An economist may provide expert analysis quantifying your total current and future lost earnings attributed directly to the long-term effects of the crash.
Having legal representation on your side can help you better understand how to account for both tangible and intangible economic damages. You can do this by using evidence like medical records, insurance documentation, payroll stubs, and vocational assessments. This demonstrates the full financial losses inflicted by the negligent actions of the truck driver and provides the grounds to pursue potential fair compensation.
Potential Non-Economic Damages
Aside from economic losses, the physical and emotional trauma caused by a negligent truck driver can qualify you for non-economic damages in Nevada. These include compensation for pain, suffering, loss of enjoyment of life, disfigurement or disability, PTSD, and other difficult-to-quantify impacts. A lawyer can help demonstrate the daily struggles now inflicted due to the psychological and lifestyle consequences of the accident.
The effects of a traumatic truck accident may linger for months or years, requiring extensive medical treatment and lifestyle adjustments. Non-economic damages account for this long-term suffering and impaired quality of life through fair financial compensation. Typically calculated as a multiple of the proven economic damages, the amount should adequately recognize the physical, mental, and emotional distress.
To help determine and validate appropriate non-economic compensation, your lawyer can try and obtain testimony from physicians, vocational experts, accident reconstructionists, and financial analysts. It is vital to combine evidence from various specialists. Your attorney can effectively advocate for damages reflecting the true depth of hardship caused by the truck driver’s negligence.
Statute of Limitations
If you decide to move forward with suing the trucking company after an accident, it is extremely important to act quickly and within the statute of limitations. In Nevada, the deadline to take legal action is generally within two years from the date of injury, though exceptions exist. An attorney can advise you on specifics based on your unique case details and ensure your claim is submitted on time.
The statute of limitations sets legal restrictions around how long you have to file particular kinds of civil lawsuits after an incident occurs. If you fail to take formal legal action against a trucking company within this defined timeframe, you likely lose your right to pursue compensation later on. Having an attorney ensures awareness of deadlines and prompt case filing.
Certain factors could allow for exceptions, extensions, or pauses related to the statute of limitations – your lawyer would confirm if special circumstances apply in your truck accident claim. Otherwise, contacting an attorney immediately gives you the greatest chance for submission before Nevada’s 2-year cutoff passes. Don’t risk losing eligibility for damages due to a lack of legal expertise.
Contact a Nevada Personal Injury Attorney to Achieve Potential Justice
If you or a loved one have been injured in a commercial truck accident, it is critical that you contact an attorney right away to protect your rights. While there are no guarantees for compensation, you will at least know that you tried. If you have sufficient evidence, you can potentially have a better outcome.
At H&P Law we are dedicated to helping our clients try and achieve the result they are looking for. Schedule a free consultation today with us to see what the next step is. We are eager to see how we may be able to help.