If you or a loved one suffered injuries from a truck accident that occurred in Hempstead, N.Y., you may be able to pursue compensation from the liable parties. An attorney from Morelli Law Firm may be able to help. We provide free consultations so that you can learn more about your legal options today.
Our team can review your case for you and help you understand how you can seek compensation for accident-related expenses and losses. We also can review how we can help you hold the at-fault parties accountable.
Pursuing Compensation for Your Hempstead Accident Injuries
The size and weight of an 18-wheeler can only worsen the amount of damage and destruction that occurs in an accident. The occupants of smaller vehicles almost always suffer significant property damage, and serious injuries are common.
If there is evidence to show that the truck driver caused the crash, you may be able to file an insurance claim or injury suit against the driver and their employer. When you file your case, you can claim damages that include:
- Lost wages: For the pay you lost when you missed time at work or if you had to take a lower-paying job because of lasting injuries
- Medical bills: Medical expenses and other care costs, from ambulance transportation to physical therapy and medication costs
- Property damages: Repair or replacement of your vehicle damaged or destroyed in the accident, as well as other damaged personal property
- Pain and suffering: Your physical pain and emotional suffering and other intangible damages
Our team will help you gather documents to support your claim for compensation and determine a fair settlement range for your case. While the decision is ultimately up to you, we can help you decide when an offer from the insurer fairly compensates you and if you should accept a settlement.
Wrongful Death Damages Based on a Hempstead Truck Accident
If you lost your loved one in a truck accident, we can help you seek additional damages. You may be able to request compensation for your loved one’s medical bills, funeral and burial services, your loss of companionship, and more.
A wrongful death attorney from our team can assess your case and explain:
- If you can take legal action
- The best approach for seeking compensation
- Who qualifies for damages
- The damages that are recoverable
We may be able to handle the claims process or file a suit on your family’s behalf. You can reach out to us today to learn more during a complimentary evaluation of your case.
How Our Team Serving Hempstead Can Handle Your Legal Case
Working with our truck accident team can help you in many ways. We will take care of all the legal aspects of your case while you heal from your injuries and get back to your job and the activities you enjoy.
The services we provide for our clients include:
- Collecting evidence
- Protecting evidence the trucking company has
- Identifying the liable parties
- Communicating with all involved parties
- Negotiating a settlement with the liable party’s insurance company
- Submitting all necessary paperwork on time
- Addressing your questions and concerns about the legal process and where your case stands
- Representing you at trial if necessary
This is not a comprehensive list of what a Morelli Law Firm attorney can do to help with your case. We offer a lot of services and support for our clients, as you can see from the testimonials of previous clients.
We do not charge any upfront or out-of-pocket fees. Instead, we receive our fees only if you received compensation. We will never ask you for a retainer or any other payments to secure our services. If you do not get paid, our attorney will not receive any fees from your family.
Hempstead Truck Accident Lawyer Near Me 877-751-9800
Identifying the Liable Parties in a Hempstead Truck Collision Case
After a truck accident, it is easy to automatically assume the truck driver was responsible for the accident and owes you money. However, they are rarely the sole liable party, even if they caused the accident.
Other liable parties could include:
- The trucking company, which could be vicariously or directly responsible for the accident
- The parts manufacturer, if a defective part caused the crash
- A mechanic, if there was a faulty repair
- A municipality, if a road hazard is to blame
- A third party, such as another driver
Most tractor-trailer crashes involve at least two liable parties and sometimes more. This is because the driver’s employer is usually vicariously liable for their worker’s negligence. Vicarious liability occurs because of a legal doctrine, respondeat superior.
Comparative Negligence in New York State
New York State follows a comparative fault law. CPLR § 1411 explains that you can still recover damages even if you were partially at fault for an accident. However, the value of your case goes down by the percentage of blame you hold.
Consider the following scenario:
You were speeding when a truck driver failed to yield the right-of-way and hit you. The court assigns you 20 percent fault and the truck driver 80 percent fault. You will only be able to take home 80 percent of the value of your damages. If the jury awards you $75,000 in damages, you will receive $60,000.
If there is a chance the trucking company and their insurer may try to blame you for some or all of the fault in your crash, you should reach out to us right away. We can go into more detail about what comparative fault means and how it may apply to your case during your free consultation.
Statute of Limitations on New York State Truck Accident Lawsuits
You must comply with New York’s deadlines for filing your lawsuit or risk losing the right to do so. See how much time you have to prepare for and file your suit:
- CPLR § 214 allows claimants three years to file a personal injury lawsuit
- EPT § 5-4.1 allows surviving family members of fatal truck accident victims two years to file a wrongful death lawsuit
It is important that you get started on your truck collision lawsuit right away. However, there are certain situations in which the statute of limitations might be tolled, such as when the victim is a child.
Especially in truck accident cases, there is a lot of evidence to identify, gather, and analyze before developing an argument, filing a claim, and trying to reach an out-of-court settlement. We will even need to work with the trucking company to obtain the evidence they have, which could be crucial to your case. We need to get to work on your case as soon as possible to ensure we meet the deadlines.
You can learn more about how we may be able to help you today. We serve clients in New York City, Long Island, New York State, up to Albany, Northern New Jersey, and Philadelphia.
Speak to a Morelli Law Firm Team Member for Free Today
You can get a free case assessment from the Morelli Law Firm truck accident team today. We can help you understand your case and what you need to do to recover compensation following a Hempstead crash.
Call us at (212) 751-9800 now to get started.