Truck Accident Lawyer Lake Mary FL

Understanding your legal rights after being involved in a truck accident is crucial to ensure that you receive the justice and compensation you deserve. Here’s an in-depth look into those rights and the pertinent Florida statutes governing them:

1. Right to Compensation

Florida Statute § 627.737(2) outlines circumstances under which injured parties can pursue non-economic damages (like pain and suffering). Specifically, if the accident results in:

• Significant and permanent loss of an important bodily function;
• Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement;
• Significant and permanent scarring or disfigurement;
• Death.

Moreover, economic damages, such as medical bills and lost wages, are typically recoverable regardless of the severity of the injury.

2. Right to Representation

Every individual has the constitutional right to be represented by an attorney in legal matters. This right ensures that the scales of justice remain balanced, even when facing large trucking corporations or insurance companies.

3. Statute of Limitations

Florida Statute § 95.11(3)(a) mandates a four-year statute of limitations for personal injury claims, starting from the date of the accident. This means you have four years to initiate legal proceedings. However, if the truck accident resulted in a death, a wrongful death claim must be filed within two years as per Florida Statute § 95.11(4)(d).

4. No-Fault State Rights

Florida operates under a no-fault insurance system. As per Florida Statute § 627.7407, this means that after most vehicular accidents, including truck accidents, an individual’s own insurance will cover their medical bills and lost wages, regardless of who was at fault. However, if injuries are severe, one can step outside the no-fault system and file a claim against the at-fault party.

5. Right to Reject Settlement Offers

Insurance companies may quickly offer a settlement after the accident. While it might be tempting to accept, remember that these initial offers often fall short of what’s fair. You have the right to reject any settlement offer and consult with your attorney to ensure you’re receiving the compensation you genuinely deserve.

6. Right to a Fair Trial

If a fair settlement cannot be reached, you have the right to take the matter to court. Florida’s Constitution, Article I, Section 21 ensures that “the courts shall be open to every person for redress of any injury, and justice shall be administered without sale, denial or delay.”