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A legal complaint in truck accident cases initiates the legal process of filing a lawsuit for damages against the truck driver who caused the accident and any other contributing party, like the driver’s trucking company. If you were involved in a crash involving a commercial semi, you have the right to file a lawsuit to seek compensation for your material damages and pain and suffering.
Talk to our Palm Beach Gardens truck accident attorney about your legal options following a crash. They can draft your legal complaint and guide you through a lawsuit involving multiple responsible parties, helping you secure fair compensation for your losses.
What does a legal complaint contain?
Your legal complaint outlines your claims against the at-fault parties and includes:
- The details of where and when the accident occurred, including the sequence of events that led to the crash
- All physical injuries you experienced in the crash and the extent of the physical damage
- All property damage you sustained in the wreck and its value
- The amount of compensation you seek
This is the first step in your truck accident suit. Once the other party receives your complaint, you can expect a response from them (or more likely, their lawyer) admitting or denying the allegations.
Filing a legal complaint in a Florida truck accident case
Your complaint is typically filed in the county in which the accident occurred. Submit the documents to the appropriate county civil court. Then, the defendant(s) are formally notified, and the lawsuit begins.
At this point, the other party may offer to settle the case. Maybe the truck driver was obviously to blame, such as driving under the influence. Or, maybe their insurance company determines that it’s cheaper for them to pay your requested damages, rather than pursue litigation. If the settlement is fair, you can accept it. Then, you get a check and your case is concluded.
In some cases, the other party may acknowledge fault but contest the amount of damages. Maybe the insurance company is willing to pay the policy’s maximum amount for damages, but you’ve asked for more. Your lawyer can negotiate a fair amount, and if both sides agree, then your case concludes.
If the other party contests fault, then the lawsuit proceeds, and both sides enter the discovery phase. Discovery is the exchange of information and evidence between both parties.
The discovery phase in Florida truck accident complaints
Your lawyer builds your case by gathering evidence such as the vehicle’s maintenance records, “black box” data from the commercial vehicle’s Event Data Recorder, and analyzing the police report. They may also request the driver’s records from the trucking company, including their history, as well as copies of the trucking company’s driver training manual and safety policies. This information helps your lawyer determine instances of negligence that led to the crash.
There are strict rules for discovery, including prohibitions against hiding evidence and the requirement that witnesses be deposed under oath. Your case may be settled at any time during the discovery phase; in fact, this is fairly common. Maybe the insurance company or the trucker’s lawyer didn’t realize how much evidence there was against their client. Once discovery is underway, they may determine it’s better to settle the claim with you, instead of going to trial and losing (and paying you anyway).
Let us help you
Let the legal team at Lytal, Reiter, Smith, lvey & Fronrath help you get the money you need to cover your medical expenses and other losses. Call us today at (561) 655-1990 for a free consultation with an experienced truck accident lawyer.