While truck accident claims differ from case to case, there is a general guideline that victims can follow when it comes to suing for truck accidents in Farragut.
In order to sue for truck accident injuries in Farragut, you must identify who the at fault party is. Depending on your case, that might be the individual truck driver and their employer. Then, we will begin preparing your claim by investigating the accident and its cause. This can result in evidence, such as eyewitness statements, photos, and surveillance footage, that we can use when proving negligence and fault. Before we can do that, we will have to file your lawsuit with the court. Generally, this must be done within one year of an accident in Tennessee. After you file, negotiations or a trial might proceed. At the conclusion of the truck accident claim, you should get compensation for all of your financial and emotional damages. If gross negligence was present in your case, you might be awarded punitive damages by the jury as well.
Call Howe Law’s Knoxville truck accident lawyers at (844) 876-4357 to get help with your case today.
How to Sue for a Truck Accident in Farragut, TN
Truck accident claims can be difficult to navigate for various reasons, one being that multiple parties might be involved, such as the truck driver’s employer, which might somewhat complicate the matter. Our attorneys can help you navigate the recovery process so that it goes as smoothly as possible for you following an accident involving a truck in Farragut.
Identify the Negligent Party
We will begin by identifying who exactly is liable for your damages and injuries after a truck accident in Farragut. We can do this by carefully reviewing all evidence and documents related to the incident, such as the report completed by police officers who responded to the crash site and eyewitness statements. This can allow us to determine if the truck driver involved in the accident acted negligently, causing your injuries. However, this does not mean that the truck driver is the only negligent party involved in the matter. Because of the doctrine of vicarious liability, employers can be held liable for the actions of their employees under certain circumstances. After reviewing the details of your crash and the parties involved, our truck accident lawyers will determine whether or not a trucking company shares fault for your injuries. If that is the case, naming the trucking company in your lawsuit and holding it accountable might allow you to claim greater damages in Farragut
Prepare Your Claim
Once we have identified who is to blame for the accident in question, our lawyers will begin preparing the basis of your claim. It will be necessary to investigate the accident to get evidence of negligence. We can begin this process soon after the accident takes place so that no evidence is unnecessarily lost or destroyed during this time. We can also organize any records of losses related to the crash, such as your medical damages and lost wages, so we can more easily submit your proof of damages. Being intentional about this process will be essential for your recovery in Farragut.
File Your Lawsuit
After building a strong case that we are confident in, we can help you file a truck accident lawsuit with the court. When submitting your complaint, you must include certain information, such as the defendant’s identity, the circumstances of the accident, and your desired compensation. Truck accident lawsuits must typically be filed within one year of the date of injury in Farragut, according to T.C.A. § 28-3-104(a)(1)(A). Generally speaking, the sooner victims sue for injury, the better, as evidence may be more readily available in the days that immediately follow an incident. Furthermore, it is important to show the defendant, judge, and jury that you are fully committed to your financial and physical recovery, which is why filing your claim soon after you are hurt in a truck accident may be wise.
Prove Fault
Depending on the circumstances of your claim and the parties involved in the matter, you might be approached regarding settlement negotiations after filing your lawsuit in Farragut. Should this happen, our attorneys will review the process of engaging in settlement negotiations with you so that you feel comfortable moving forward. If you are presented with a settlement offer at any point during your lawsuit, reviewing it with our lawyers will be necessary. Accepting a low-ball settlement might leave you without full compensation for your injuries. If settlement negotiations do not occur or progress, we can go to court, where we will have to prove fault.
This is why taking the time to investigate and prepare your case is crucial. If your case goes to trial, you will have to convince the jury that it is more likely than not that the defendant’s negligence caused your damages. We will do this using the evidence we gathered early on in building your case, such as surveillance footage, photos from the accident scene, eyewitness statements, and more.
Recover Damages
After your lawsuit concludes, whether due to a settlement or a favorable jury decision, you can recover your damages. Compensation should cover all of your financial losses, such as your medical bills and missed income, as well as your non-economic losses, like your pain and suffering. You might get your compensatory damages in one lump sum payment or through structured payments over a period of several months or years. If your claim involved gross negligence, you might also be awarded punitive damages at trial. Compensation for non-economic damages is capped at $750,000, according to T.C.A. § 29-39-102(a)(2). Punitive damages are capped at $500,000 or twice the amount of compensatory damages, whichever is greater, according to T.C.A. § 29-39-104(a)(5).
Call Our Lawyers About Your Truck Accident in Farragut, TN
To discuss your case for free with our truck accident lawyers, call Howe Law today at (844) 876-4357.
