You recently had a semi-truck collision due to someone else’s negligence, or you know someone who experienced the same fate. Considering the extent of damage in such accidents, victims may sustain notable injuries and piling medical bills and usually experience burdensome recovery.
So can you sue for a semi-truck collision and get compensated for your injuries and lost income? Yes, you can file an injury claim to seek compensation for the losses. While money can’t fix the actual damage and recover your previous life, an adequate settlement can aid a smooth recovery.
But while it’s possible to get compensation, semi-truck injury claims in Las Vegas and other parts of the state aren’t entirely straightforward, with high chances of getting an unfavorable outcome. That’s why you should speak to seasoned personal injury attorneys from Pacific West Injury Law.
What Are Your Legal Options After a Semi-Truck Collision?
After a semi-truck collision in Las Vegas, you can file a personal injury claim. If the court considers your facts and finds the other party responsible for the accident and resultant damages, you’ll be eligible for the following forms of compensation:
The court awards economic damages to cover tangible losses directly linked with the accident. They can be documented and easy to calculate; hence, they are generally more concrete. The court will go through your case details and will assign an actual dollar amount to your out-of-pocket expenses like:
- Healthcare costs
- Property damage
- Lost income
- Cost of lifestyle adjustments
- Funeral costs for bereaved family members
- Loss of irreplaceable property
- The cost of altered or canceled trips
Non-Economic (General) Damages
These damages are relatively subjective and are awarded to compensate victims for the actual harm resulting from the truck accident. They’re intangible, and you can’t place a tangible economic value on the damages. Examples include:
- Pain and suffering
- Physical impairment or disfigurement
- Emotional distress
- Loss of consortium for the spouse or family members
- Lost income source
These damages don’t compensate semi-truck accident victims. Instead, they punish the party at fault for their highly negligent or intentional actions that resulted in injuries and damages.
The damages aren’t offered in all personal injury cases, but only when the responsible party displays extremely outrageous or egregious conduct.
Shared Fault in Nevada Injury Cases
When someone else’s negligence caused the semi-truck accident that brought your injuries, it’s easy to assume that they’re fully responsible. However, the jury might determine that you share part or all of the fault for the incident and resultant damages.
Nevada’s Modified Comparative Fault rule applies when an injured accident victim is partly responsible. It can reduce or cancel the compensation you can receive depending on your level of fault.
For example, if the judge and jury determine that your economic and economic damages are worth $20,000 but find that you’re 30% at fault, you’ll ultimately part with 70% of the compensation amount. In this case, you’ll receive $14,000. If the court finds you 50% responsible or more, the award will automatically drop to zero. As such, you can’t collect anything from the other party.
The Deadline for Suing for a Semi-Truck Accident in Nevada
Whether you wish to file a personal injury lawsuit or negotiate with the insurer, you must pay attention to Nevada’s Statute of Limitations deadlines as highlighted in Nevada Revised Statutes (NRS) §11.190.
According to the law, you have a two-year limit to file a lawsuit in the state’s civil court system. The imposed time limit begins on the date of the accident.
You must pay close attention to this requirement. Otherwise, the court will almost surely decline to hear your case. Even if it’s heard, the at-fault party will point out the discrepancy, and this alone is enough to grant them victory.
The Challenges of Suing for a Semi-Truck Collision
Despite the numerous legal options available for semi-truck accident victims, the claims process isn’t as smooth as in other typical accidents. Several factors could limit you from attaining the deserved compensation.
The main challenges when filing a semi-truck accident lawsuit include:
More Potential Damages
Semi-truck accidents cause severe bodily harm, and the damages can be extensive. This means your injury claim is generally costlier than in a standard car crash. Your attorney can help you determine an accurate figure.
The Sector Is Heavily Regulated
Trucks and semi-trucks are heavily regulated, requiring drivers to comply with HAZMAT (Hazardous Materials Regulations) and FMCSR (Federal Motor Carrier Safety Regulations). It can be challenging to determine every factor in your semi-truck injury claim with such regulatory complexities.
You Need a Unique Strategy
Your injury claim may not reach trial. Most end through mediation and arbitration, while court proceedings solve others. An experienced attorney can develop a unique strategy to evaluate all factors and choose the right course of action.
Complex Insurance Rules
Semi-truck insurance policies differ from those of standard cars. Usually, different policies cover the trailer, truck, and driver, and it isn’t easy to address all of them at once.
A Different Investigative Process
In a semi-truck accident claim, lawyers must evaluate various factors when deciding who’s to blame for the damages. This is mainly because several parties are responsible for prevention, negligence, or maintenance, and multiple individuals can be at fault.
How an Attorney Will Help Your Case
Semi-truck accident claims are relatively complex, and the only way to go about the above challenges is to discuss your semi-truck accident case with an experienced personal injury attorney. A legal expert understands the law and the entire lawsuit process, and their experience will contribute to your case in the following ways:
- Helping you get the best care while handling the treatment documentation
- Speaking with specialists to determine the extent of your injuries
- Defining your rights and ensuring none is breached
- Running a more significant chunk of the process to grant you ample recovery time
- Negotiating pre-trial settlements
- Creating a solid case for a successful personal injury lawsuit
- Negotiating with lienholders
- Using their networks in the judicial space to fight for a deserved case outcome
Let a Reputable Las Vegas Attorney Handle Your Semi-Truck Accident Claim
A vastly knowledgeable and experienced attorney is your best shot at a favorable case outcome. However, only a few can match the expertise and reputation of the five-star personal injury lawyers at Pacific West Injuries. Call or text us, and we’ll evaluate your case for free.