When dealing with serious injuries caused by a truck accident in Mobile, victims can recover compensation by filing a lawsuit against an at-fault party.
After being injured in an accident involving a truck, victims in Mobile should file a lawsuit as soon as possible. Waiting to sue can delay access to compensation for victims and weaken a claim. The length of a lawsuit will differ from case to case and may be based on whether a victim wishes to settle or go to court in Mobile. To improve your chances of recovery, you must not only prove a negligent party’s fault but also demonstrate how their negligence has financially and emotionally impacted your life.
To get a free case review from our Mobile, AL truck accident lawyers, call Howe Law today at (844) 876-4357.
Reasons to File a Mobile, AL Truck Accident Claim Quickly
Acting quickly after a truck accident in Mobile is important, as several factors might hinder a victim’s ability to sue should too much time pass.
In Alabama, the deadline to file a lawsuit for compensation is two years after a truck accident. This leaves victims with little time to contact our truck accident lawyers, investigate the cause of an accident, and file a claim against a negligent party. Regarding truck accidents, several parties might share liability, meaning beginning an investigation as soon as possible is important.
For example, while the truck driver might be responsible for the victim’s injuries, so might the trucking company that employs them. Furthermore, someone else, such as another driver on the road, might have acted negligently, contributing to the accident. Identifying who is ultimately at fault for your collision can take time, especially considering how complicated truck accidents in Mobile can be. If you delay starting an investigation, you might be unable to confirm who is to blame for your damages before the filing deadline in Mobile.
Additionally, victims should consider the severity of their injuries. Because of the sheer size of trucks, such vehicles might be more likely to cause more severe injuries to victims than passenger cars. Victims might sustain injuries requiring extensive medical treatment, surgeries, medications, and rehabilitation in Mobile. Not only can such injuries require expensive medical care, but they can also prevent victims from returning to work, impacting their ability to earn an income. The sooner you file your claim, the sooner you can recover compensation for your many damages due to a truck accident in Mobile.
Length of Mobile, AL Truck Accident Cases
The length of an injury lawsuit in Mobile may depend on numerous factors. These include both parties’ willingness to settle and whether or not a case goes before a judge.
Generally, settling a truck accident case will be quicker than going to trial. Settlements do take some time, as they require negotiations between parties. In some instances, a defendant might be willing to settle at a high amount quickly for fear that going to court will cause them to pay greater damages to a victim. For example, this might be more likely in cases against negligent trucking companies that want to avoid unfavorable publicity.
While settling can resolve a matter more quickly, that should not convince a victim to avoid going to court. You can take your case before a judge if you realize that settlement negotiations are not progressing in Mobile. If you choose to take this route, be prepared that it might be weeks or months before a judge hears your case. It also takes time for both sides to present their evidence and for a judge or jury to come to a decision. Once you accept a settlement offer, you can no longer go to trial in Mobile.
How to Recover Compensation After a Truck Accident in Mobile, AL
Victims must prove a negligent party’s fault to recover compensation after a truck accident in Mobile. In addition to proving negligence, victims must also provide proof of damages to calculate compensation more accurately.
Prove Fault
Victims must prove four elements to meet the burden of proof against a defendant in Mobile. The first is that the defendant owed the plaintiff a duty of care. This can be established in a variety of ways. For example, if the defendant is the truck driver, they have a duty of care to uphold traffic laws while driving. If the defendant is the trucking company, they have a duty of care to ensure their drivers act responsibly while working.
The second element that must be proven is that the defendant breached the owed duty of care. Examples of breaches in the duty of care include driving while intoxicated, failure to yield to the right of way, failure to maintain vehicles, or, in cases of trucking companies, overworking drivers to the point they become fatigued.
Next, victims must prove that the breach in duty of care caused their injuries. This can be done using medical records, eyewitness statements, and other evidence. Finally, you must prove that you incurred real damages as a result of the defendant’s negligence, which you can do by providing proof of damages.
Provide Proof of Damages
To recover compensation for injuries, you must prove that the injuries you sustained caused you damages. To do this, victims can provide their medical bills, records of lost wages, and documentation of other out-of-pocket expenses. These losses will be added together to calculate the economic damages you deserve from a negligent party in Mobile. By providing their own statements as well as statements from therapists or loved ones, victims can show the pain and suffering they have experienced, increasing the chance that they will recover compensation for non-financial damages in Mobile.
File Your Mobile, AL Truck Accident Case Today
Call our truck accident lawyers today at (844) 876-4357 for a free case evaluation from Howe Law.
