Lake Wales Truck Accident Lawyer

Truck accidents in Lake Wales demand a different legal approach than typical car crashes. With complex regulations, multiple liable parties, and often severe injuries, these cases require specialized knowledge and experience. At Howell & Thornhill, we have honed our skills in truck accident law since 1975. We do not just handle your case; we guide you through the entire process, from gathering crucial evidence to negotiating with insurance companies. To secure the compensation, you need to move forward. Our Lake Wales truck accident lawyer law firm will walk you through the critical aspects of truck accident claims in Florida, equipping you with the knowledge to make informed decisions about your case.

Why You Should Trust Howell & Thornhill To Handle Your Florida Truck Accident Claim

Experience, dedication, and a proven track record are among the most important aspects when selecting a law firm to represent you in a truck accident case. Howell & Thornhill, P.A. has been serving the Florida community since 1975, helping thousands who have suffered due to another’s carelessness.

Decades of Experience

In the many decades since 1975, the law firm Howell & Thornhill has developed a deep understanding of Florida’s law. This extensive experience is valuable in a truck crash case.

Personal Attention

We believe in providing personalized attention to each client. Our attorneys meet face-to-face with clients, ensuring that your concerns are heard and addressed directly by the professionals handling your case. This personal approach sets us apart from firms where you might never actually speak with the attorney representing you.

Specialized Focus

Our law firm limits its practice to victims of personal injuries and wrongful death. This specialized focus means we have honed our skills in the areas most relevant to truck accident cases. When you choose us, you select a team with deep expertise in personal injury law.

Free Consultation

We offer a free consultation at our office, your home, or even at the hospital. This initial meeting will allow us to understand your case and help you get to know our team without any financial obligation.

Your Home Team

At Howell & Thornhill, we pride ourselves on being your “Home Team.” Our diverse team brings together legal, medical, and technical expertise under one roof. With five attorneys, an in-house investigator, and a registered nurse, we can offer more than just lawyers.

No Fee Unless We Win

Howell & Thornhill operates on a contingency fee basis. This means we do not charge any fees or costs unless we help you recover money. This policy aligns our interests with yours and ensures that we are fully committed to securing the best possible outcome for your case.

Why Legal Representation Matters

Securing skilled legal representation is not just beneficial – it is essential in our opinion.  Check out our prior client testimonials to back up a track record of success. Truck accident cases are inherently challenging, often involving multiple parties such as the truck driver, trucking company, equipment manufacturers, and various insurance companies. Each of these entities may have its legal team, making it challenging to get through the process without an experienced attorney by your side. The trucking industry is heavily regulated by both federal and state laws, and a knowledgeable big rig accident lawyer can identify potential violations that could strengthen your case.

An experienced trucking accident attorney brings much more than just legal knowledge. They can assess the full value of your claim, considering current medical expenses, lost wages, future medical needs, and less obvious damages. They act quickly to assemble and protect crucial evidence that might otherwise be lost or destroyed. With strong negotiation skills, they advocate on your behalf with insurance companies and opposing counsel, and if necessary, they are prepared to take your case to trial.

Factors That Can Affect Your Truck Accident Claim in Florida

The outcome of your truck accident claim can be influenced by various factors, including:

 

• Injury Severity: More severe injuries typically result in higher compensation because of increased medical expenses and potential long-term impacts.

 

• Evidence Strength: The quality and quantity of evidence, including police reports, witness statements, and medical records, significantly affect your claim’s strength.

 

• Liability Determination: Florida’s Statutes 768.81 reveals a comparative negligence system, which means your compensation can be diminished by the degree of fault you bear in the accident.

 

• Insurance Coverage: The policy limits of all involved parties, especially the trucking company, can affect the available compensation.

 

• Medical Treatment Timing: Prompt medical attention is crucial, as treatment delays can be used to argue that injuries are less severe.

 

• Regulatory Compliance: Violations of federal or state trucking regulations by the truck driver or company can strengthen your claim.

 

• Post-Accident Actions: Your behavior after the accident, such as following medical advice and avoiding social media discussions about the incident, can impact your claim.

 

• Statute of Limitations: Be aware of Florida’s deadline for filing personal injury lawsuits. Because of a recent law change, it is now just two years from the accident date.

 

• Legal Representation: We believe you want a lawyer who limits their practice to personal injury and wrongful death, rather than a lawyer that only does it occasionally or part-time. Would you want a foot doctor to treat your heart condition?  Experience matters in our opinion.

Potential Damages to Recover From a Truck Accident

If you have experienced a truck collision in Florida, you may be entitled to various types of compensation. Understanding these potential damages can help you and your attorney pursue a fair settlement. Here are the main categories of damages you might recover:

Economic Damages

Economic damages are the accident-related expenses you can calculate, like medical bills and lost wages. These typically include:

 

• Medical Expenses: This covers all medical costs related to your injuries, including emergency room visits, hospital stays, surgeries, medications, physical therapy, and any future medical care you may need.

 

• Lost Wages: If your injuries make it impossible to work, you can claim compensation for lost income. This includes not only the wages you have already lost but also future earnings if your injuries result in long-term or permanent disability.

 

• Property Damage: This typically covers the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.

 

• Out-of-Pocket Expenses: Any other expenses directly related to your accident and injuries, such as transportation costs to medical appointments or modifications to your home to accommodate a disability.

Non-Economic Damages

Non-economic damages include:

 

• Pain and Suffering: This compensates you for the physical pain and discomfort you have experienced due to your injuries.

 

• Emotional Distress: Accidents can cause significant psychological trauma. You may be compensated for anxiety, depression, PTSD, or other emotional difficulties resulting from the accident.

 

• Loss of Enjoyment of Life: If your injuries prevent you from engaging in activities you previously enjoyed, you may be entitled to compensation for this loss.

 

• Loss of Consortium: This refers to the negative impact on your relationship with your spouse due to your injuries.

Punitive Damages

In some instances, punitive damages may be an option when the defendant’s conduct was particularly egregious or reckless, including drunk driving. Punitive damages are relatively rare and are subject to certain limitations under Florida law.

Wrongful Death Damages

If the truck accident led to a fatality, the deceased’s family members might be able to file a wrongful death claim. Damages in these cases can include:

• Funeral and burial expenses
• Loss of the deceased’s future earnings that would accumulate
• Loss of support and services
• Mental pain and suffering of the surviving family members

It is important to note that the specific damages you may be entitled to depend on the unique circumstances of your case. An experienced truck accident attorney can help you ensure you are potentially fairly compensated for your losses.

What to Do If You Share Some of the Fault

In Florida, being partially at fault for an accident does not necessarily bar you from recovering compensation. The state follows a modified comparative negligence approach, meaning the amount of money you receive can be decreased based on the percentage of fault assigned to you.  Your compensation is reduced by your percentage of fault.

Example: If you are 30% at fault and damages are $100,000, you can recover $70,000

Steps to Take If The Truck Driver Caused Your Crash:

• Do not admit fault at the accident scene or to insurance adjusters
• Document everything about the accident (photos, witness statements, personal recollections)
• Seek immediate medical attention
• Contact an experienced truck accident attorney promptly

The Importance of Legal Representation:

• An attorney can investigate to determine true fault allocation
• Semi-truck accident lawyers protect your rights and fight for fair compensation

Potential Challenges:

Insurance companies may try to assign you a higher percentage of fault

A skilled 18-wheeler accident attorney can fight back against unfair fault allocations.

Critical Evidence in Disputed Fault Cases:

 

• Accident scene photos and videos
• Witness statements
• Police reports
• Expert testimony (e.g., accident reconstruction specialists)
• Medical records
• Truck driver logs and vehicle maintenance records

Remember, even if you believe you share some fault, you still have rights. Do not let this prevent you from seeking the compensation you deserve for your injuries and losses. An experienced attorney can help navigate the complexities of comparative negligence and work to ensure you receive fair compensation.

When Your Injury Does Not Require an Immediate Hospital Visit

Even if your injuries from a truck accident do not require an ambulance ride, it is crucial to approach the situation with caution. Some injuries, particularly those involving soft tissue or internal organs, may not manifest symptoms immediately. What starts as pain could potentially develop into a more serious condition over time. For instance, neck stiffness might be an early sign of whiplash, which could lead to chronic pain if left untreated.

In Florida, the no-fault insurance system adds another layer of complexity to truck accident cases involving minor injuries. While you might initially file a claim with your own Personal Injury Protection (PIP) insurance, truck accidents often result in damages that exceed PIP limits.

Given these considerations, it is advisable to maintain detailed records of any symptoms you experience and treatments you receive, even if you assume you will improve. This documentation could prove invaluable if your condition worsens or if you need to file a claim later. Taking your situation seriously is not about being overly cautious. It is about protecting your health and ensuring fair compensation for any injuries sustained, regardless of your initial hope that it will go away.

How Long You Have to File a Lawsuit After a Truck Accident in Florida

Understanding the time limits for filing a lawsuit after a collision involving a truck in Florida is crucial to protecting your legal rights.

Statute of Limitations

According to the Florida Statutes Section 95.11, the general statute of limitations for personal injury cases, including truck accidents, is two years from the accident date. This means you have four years from the accident to file a lawsuit in civil court.

Why the Statute of Limitations Matters

If you try to file your lawsuit after the statute of limitations has expired, the court will dismiss your case. This means you will lose your right to seek compensation through the court system, regardless of the strength of your case.

Work With a Lake Wales, FL Truck Accident Attorney Today

At Howell & Thornhill, we have been helping individuals like you get through these challenging times since 1975.  We are Polk County’s Oldest Personal Injury Law Firm. Contact us for a consultation to discuss the details of your case. We will sit down with you, listen to your story, and provide straightforward advice on your best path forward – all at no cost. Remember, we only get paid if we win your case. So, whether you are ready to take action or have questions, reach out to us. Our Lake Wales Truck Accident Lawyer law firm is ready to help.