Truck Accident Mistakes to Avoid in West Palm Beach
If you were hurt in a semi-truck accident in West Palm Beach, you have the right to seek financial compensation. Unfortunately, as these claims can be complicated, many injured victims make avoidable errors that undermine their ability to get the full and fair compensation that they deserve under the law. Here, our Florida eighteen wheeler accident attorney highlights common mistakes that you need to avoid after a crash in West Palm Beach.
Mistake #1: Not Seeing a Doctor After the Truck Accident
All commercial truck accident injuries should be evaluated and treated by a licensed physician. Not seeing your doctor after an accident is a big mistake. Not only could it undermine your health and well-being, you cannot pursue a truck accident injury claim in Florida without medical records.
Note: Florida’s PIP statute generally requires an injured claimant to obtain initial medical services within 14 days after the collision. Without timely treatment, the claimant may lose access to PIP medical benefits. The statute also generally limits benefits to $2,500 unless an authorized provider determines that the claimant sustained an emergency medical condition.
Mistake #2: Failing to Bring Your No-Fault Claim
An injured victim should not assume that the trucking company’s insurer will immediately pay medical bills and lost wages. Your initial claim is generally a no-fault claim. Florida’s no-fault system generally requires a covered accident victim to first seek applicable PIP benefits, regardless of who caused the collision. PIP may cover 80 percent of reasonable medical expenses and 60 percent of qualifying lost income. If you suffered a serious injury in the crash, you can bring a fault-based claim directly against the negligent trucker or trucking company.
Mistake #3: Giving a Recorded Statement to the Truck Company’s Insurer
The insurance company is not on your side after a serious crash. A commercial liability adjuster may request a recorded statement shortly after the crash, before the injured victim understands the diagnosis or available evidence. The statement may later be used to challenge causation, minimize symptoms, establish prior medical conditions, or assign partial fault. That risk is especially significant because Florida’s modified comparative-negligence law reduces damages according to the claimant’s percentage of fault and generally bars recovery when the claimant is more than 50 percent responsible.
Mistake #4: Accepting the First Settlement Offer Without a Proper Review
An early settlement offer may arrive before the claimant reaches maximum medical improvement or knows whether surgery, rehabilitation, reduced earning capacity, or permanent impairment will result. Accepting the offer ordinarily requires executing a release that eliminates your right to bring any additional claim. A settlement offer should always be reviewed by an experienced attorney.
Set Up a Free Consultation With Our West Palm Beach Eighteen Wheeler Accident Lawyer
At Pike & Lustig, LLP, our West Palm Beach semi-truck accident attorney fights tirelessly for justice. If you or your loved one was hurt in an eighteen wheeler crash, please do not hesitate to contact us today to set up a free, completely confidential consultation. With an office in West Palm Beach and an office in Miami, our firm handles trucking accident cases throughout South Florida.
