The days after a truck accident can be as harrowing as the accident itself. If you find yourself staring down medical bills, property damage, or conditions like PTSD, you’ll want to know whether or not there are ways for you to make your life easier again.
Fortunately, there are. If you’ve suffered truck accident losses, call Christina Pendleton & Associates. A Chesapeake truck accident attorney from our firm can help you assess your circumstances and hold a liable party accountable for your damages.
Understanding Your Financial Options After a Truck Accident in Chesapeake
Your post-truck accident recovery puts a lot of demands on your finances. As you research how best to cope with new injuries and losses, you may find yourself wondering if there’s a way to mitigate these expenses.
You do have options. Virginia is a fault-based state. This means that after an accident, insurers will determine whether one party or another contributed to the incident as a whole. The party assigned fault for the accident will then have to work with their insurer to compensate for the injured party’s losses.
That said, you also have the right to pursue civil action after a truck accident. If you believe negligence contributed to your losses, or if an insurance settlement doesn’t seem sufficient, you can work with our Chesapeake truck accident attorneys to file a complaint. We’re here to answer any questions about Virginia truck accidents.
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How to File a Truck Accident Civil Suit in Virginia
To fight for post-accident compensation, you need to file a civil complaint. This document begins the legal process and allows you to take stock of your losses. Your complaint needs to be as comprehensive as possible if you want it to convince a judge to bring your case forward.
Do note that not every case with a filed complaint will go to trial. Rather, this document puts you in the position to request compensation. You can work with an attorney to come to a settlement outside of court or pursue financial support via trial.
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Establishing Truck Accident Liability
It’s difficult to file a complaint if you don’t know who to hold accountable for your losses. There are a few different parties that may be liable for the alleged negligence in a truck accident. For example, liability could fall to:
- The packers who put the truck over local weight limits
- The truck’s manufacturer, failing to update old parts
- The truck’s mechanic, failing to spot significant damage
- The driver’s parent company, overworking their driver
Fault may also lie with the truck driver themselves. Exhaustion and distraction are understandable when behind the wheel of a long-hauler. These conditions do not excuse a driver from their essential duty of care, though. You can work with truck accident lawyers in Chesapeake to determine which of these parties, or others, you wish to charge with your losses.
Understanding Contributory Negligence’s Role in a Truck Accident Case
There are state statutes that may prevent you from establishing comprehensive liability, though. Virginia has a ruling known as contributory negligence, which is further detailed in Code of Virginia § 8.01-58.
The party you wish to hold liable for your losses may argue that you contributed to your own losses in the accident, effectively forcing you to take on some of the fault. If the opposing party can prove this, you lose all opportunities to pursue compensation.
You can discuss contributory negligence with a legal team before filing a complaint. Depending on the circumstances of your truck accident, there may be other ways for you to fight for compensation.
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Virginia’s Truck Accident Statute of Limitations Impacts You
You do not have unlimited amounts of time in which to file for post-truck accident compensation. Instead, Virginia gives injured parties a filing deadline. According to Code of Virginia § 8.01-243, you must submit a comprehensive truck accident complaint to Virginia courts within two years of your accident.
A truck accident lawyer in Chesapeake can make this deadline more manageable. You can manage your physical recovery while relying on an attorney to contact witnesses and calculate your damages.
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Fighting for Truck Accident Compensation in Chesapeake
You’ve established liability and gathered evidence supporting your claim. Now it’s time to highlight your financial concerns. When considering what kind of compensation to which you may be entitled after an accident, Chesapeake truck accident lawyers calculate both your economic and non-economic losses.
Economic losses can include the cost of repairing your car, any post-accident medical care, and funeral expenses, as applicable. Non-economic losses can include emotional distress and loss of companionship.
You can work with a legal representative to not only determine what post-accident factors you’re contending with but what the dollar value of those losses looks like. In turn, you can present your estimated compensation to a court and request the coverage you deserve.
Tackling Your Financial Concerns After a Truck Accident
Many injured parties don’t take legal action after an accident because they’re concerned about the expense. Christina Pendleton & Associates recognizes this and strives to break down the barriers that might keep someone from the compensation they deserve.
With that in mind, you can benefit from long-term representation without worrying about legal fees. Our personal injury firm only charges you if we win your case. Even then, our contingency policy allows you to pay what legal fees you do have with the compensation you’ve just won.
Call Our Truck Accident Lawyers in Chesapeake Today
Truck accidents don’t just threaten to keep you off the road. If you’ve been injured or lost the opportunity to work, these accidents can put both you and your family in a precarious financial position. That, however, is where Christina Pendleton & Associates comes in.
Our team of experienced Chesapeake truck accident attorneys works on contingency. That means we’ll work with you, in court and out, without charging you a dime.
If you’re ready to fight for the post-accident compensation you deserve, get in touch with our team. You can call our office or use our online contact form to schedule a case consultation today.
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