Most semi-truck accident claims in Florida are resolved through settlements rather than trials. It’s estimated that between 95% and 98% of personal injury cases, including those involving semi-trucks, are settled out of court. Settlements offer a quicker resolution, reduce legal expenses, and provide certainty for both parties.
However, trucking companies aren’t always eager to settle. If there’s a question of liability in your case, or if the other side is trying to fight you for your right to compensation, a trial may be the best way to get what you deserve. Keep reading for more from our West Palm Beach truck accident lawyers, then call (561) 655-1990 to learn how we can assist in your case.
Factors influencing the decision to go to trial
Several factors can influence whether a semi-truck accident case goes to trial:
- Disputed liability: If there’s disagreement over who is at fault, parties may be less inclined to settle, increasing the likelihood of a trial.
- Severity of damages: Cases involving significant injuries or substantial financial losses may result in higher settlement demands, which insurance companies might contest, leading to a trial.
- Insurance company tactics: Some insurers may opt to litigate to deter large payouts or set precedents for future claims.
- Victim’s preference: Some plaintiffs may choose to go to trial, seeking a public forum or believing a jury may award more substantial damages.
The legal process: From claim to resolution
The journey of a semi-truck accident claim typically involves several stages:
- Investigation: Gathering evidence, interviewing witnesses, and consulting experts to build a strong case.
- Demand letter: Presenting a formal request for compensation to the at-fault party or their insurer.
- Negotiation: Both parties discuss to reach a mutually agreeable settlement.
- Filing a lawsuit: If negotiations fail, the plaintiff may file a lawsuit, initiating the litigation process.
- Discovery: Both sides exchange information, depose witnesses, and gather further evidence.
- Mediation or arbitration: Alternative dispute resolution methods may be employed to avoid trial.
- Trial: If all else fails, the case proceeds to trial, where a judge or jury determines the outcome.
Florida’s statute of limitations
In Florida, victims have a limited time to file a personal injury lawsuit following a semi-truck accident. As of recent legislative changes, the statute of limitations is two years from the date of the accident. Failing to file within this period can bar victims from seeking legal recourse.
Hurt and wondering how you’ll recover? We can help.
While most semi-truck accident cases in Florida are settled out of court, certain circumstances may necessitate a trial. Understanding the factors influencing this decision and the legal process is crucial for victims seeking justice. The skilled truck accident lawyers at Lytal, Reiter, Smith, Ivey & Fronrath are ready to assist you. Contact us online to schedule a free consultation today.
