Lorry accidents tend to be more serious than other road traffic collisions due to the size and weight of the vehicles involved. If you’ve been involved in a lorry accident, it might be possible to make a claim for compensation. To begin the lorry accident claims process, your solicitor will need to gather evidence including black box data, witness statements, police reports, and medical records that detail the extent of your injuries.
Time limits
For most types of personal injury claims, there is a legal time limit for starting the case. This is referred to as the ‘limitation period’ and it usually ends three years after the accident happened. However, it is possible for the Court to grant an extension on this if exceptional circumstances are found to have caused a delay which cannot be considered to be the claimant’s fault.
A road traffic accident (RTA) claim can include compensation for pain and suffering arising from the accident and the financial impacts of your injuries. These may include any loss of income due to not being able to work, out of pocket expenses such as physiotherapy and rehabilitation costs or the need to make any modifications to your home for increased accessibility due to long term injuries.
Generally, you have 3 years to start a RTA Claim from the date of the accident – known as the Date Of Discovery – or in the case of fatal accidents the death date. It is important that you contact an experienced solicitor as soon as possible after the accident and before the time limit runs out.
However, if you are still in hospital with severe physical or mental injuries, it is likely that the time limit will be suspended until you have made a full recovery and can act on your own behalf. Our advisors will be able to explain how this works in practice.
It is also worth noting that if you intend to sue the government for your injuries (as opposed to a private individual) then there are different time limits that apply. This is because a claim against the state is treated differently from one against a private individual.
In cases where a child has been injured, the time limit starts at their 18th birthday and in cases of accidents that occur on air or sea travel there is generally a longer time limit of 2 years. In both cases, the Court will examine each case on its merits and take all surrounding circumstances into account.
Damages
If you’re the victim of a truck accident due to another party’s negligence, you can claim compensation for your economic and non-economic losses. The former relates to losses with fixed monetary value and can usually be proven with receipts, such as your medical bills, pay stubs, vehicle repair and replacement invoices or your time out of work. The latter relates to less tangible losses such as pain and suffering, loss of enjoyment of life and permanent disfigurement.
Non-economic damages can be harder to prove and are awarded on a more subjective basis. They can include psychological distress, such as anxiety or depression, and can also include the inability to take part in hobbies or pastimes that you enjoyed prior to your accident. Your attorney will use a complex formula to calculate your non-economic damages, as well as the more obvious financial costs. They can acquire the truck’s black box data, interview witnesses and engage expert witnesses if needed to prove your losses in court. This allows them to negotiate the maximum possible compensation for you.
Visit Website: https://www.united-solicitors.co.uk/road-traffic-accident-claims/
Expert witnesses
You may have heard of expert witnesses before – perhaps in a televised court case or in a movie, where experts play a pivotal role. In real life, however, the roles expert witnesses play in car accident cases are less sensational – but no less important. They provide valuable in-depth analysis to attorneys on a variety of topics that can make or break the case.
The type of expert witness required depends on the case. For example, a medical expert could be needed to provide reports and opinions on the injuries and damages suffered by the crash victim. Other experts include engineers, road safety specialists, and highway safety engineers. These professionals can explain complex topics to the judge and jury in a way that is easy for them to understand.
Another kind of expert is an accident reconstruction specialist who can evaluate the damage to the vehicles in the wreck and determine how the crash occurred. They also testify about the weather conditions that may have contributed to the accident, as well as the impact of other drivers on the road.
For cases that involve serious injuries, a medical expert may be called in to assess the victims’ current condition and predict how their health will improve over time. They can provide a clear before-and-after picture of the victim’s physical and mental wellbeing and their ability to work and enjoy recreational activities.
Your lawyer can also call in a financial expert to assess the financial effects of your accident. This includes calculating lost earnings, expenses, and reduced quality of life due to the injuries. They can also estimate your future earning capacity and calculate how much you would have earned if not for the injury.
A legal team with experience handling truck accidents can help you to select the best expert witnesses, ensure they have the qualifications and expertise needed to support your case, and use them effectively in court. This can give your claim a strong foundation to negotiate a reasonable settlement amount. It also shows the other party that you are prepared to take the case all the way to trial if necessary, which can result in a higher offer. United Solicitors, a firm offers the best solicitors for lorry accident claims in Manchester.
