Suppose you or your loved one has suffered injuries or losses from a truck accident in California. In that case, it is easy to conclude that you will file and possibly get compensation in California. However, it may become uncertain if the culpable truck company is headquartered in a different state. After an accident occurs, it is essential to understand the domicile of the at-fault party. Suppose the residence of the at-fault party is outside California. In that case, it shall mean that the issue of jurisdiction shall have to be dealt with. The complexities arising from truck accidents increase more if the issue of jurisdiction is added to the already confusing situation.
It should be noted that you can sue an out-of-state trucking company if they cause an accident in California. This right to sue is founded on the principle of personal jurisdiction, which the courts in California have embraced.
It stems from the above that if you are involved in an accident where the at-fault trucking company is headquartered elsewhere, it’s crucial to immediately engage a truck accident lawyer. This specialized legal expert can guide you through the intricacies of the situation. With a truck accident lawyer’s experience and knowledge, you can navigate the complexities of a personal injury lawsuit smoothly and effectively.
How Can I Sue an Out-of-State Trucking Company?
As indicated above, truck accident claims can be very complex. The complexities of the truck accident claim are made more prominent if the issue of jurisdiction comes into question.
It should be noted that your right to sue, regardless of the trucking company’s headquarters, is founded on the legal concept of personal jurisdiction. Personal jurisdiction essentially determines the authority over a case in a court.
It stems from the above that if the trucking accident happened in California, the courts in California should have jurisdiction over the case and the at-fault trucking company, even though the trucking company is registered elsewhere.
Because of the above reason, if you decide to file a personal injury claim in California, the trucking company registered elsewhere and the truck driver or commercial truck drivers shall be subjected to California’s laws.
Suing an Out-of-State Trucking Company
After a truck accident has left you with both minor and significant injuries, you would inevitably want to ensure that the at-fault party is made liable for the accident. To reach this objective, you shall have to file an appropriate claim against the at-fault trucking company so that they are made to pay for the costs you may have incurred because of the truck accident and compensate you for any other inconvenience that emanated from the accident.
Making an appropriate claim against the at-fault party may overwhelm you if you have never had such an experience. Moreover, as all cases are unique, you could be overcome despite having had a similar experience. Our experienced lawyers at Big Ben Lawyers are competent and ready to help you through this tedious experience of collecting evidence, appearing in court, negotiating with the at-fault trucking company’s insurer, and dealing with any other issue surrounding your pursuit of compensation.
What is the Deadline to Sue an Out-of-State Trucking Company?
The process of suing a party for a truck accident or any other evidence is subject to time limitations. The reason for this limitation of timelines is that parties must sue the at-fault parties when the matter is still fresh and when evidence and witnesses are still available and correctly remember the circumstances of the accident. Because of this, you must constantly watch out for the applicable timelines when dealing with any issue relating to the pursuit of compensation through a lawsuit.
In California, a victim of a truck accident has to sue the at-fault party within two years from the date that the accident happened. California’s Code of Civil Procedure under section 335.1 provides for this timeline.
This period of two years shall not be affected by any event. Therefore, You cannot argue that these two years passed you because you were at the hospital or collecting evidence in support of your claim. As California’s laws shall govern the proceedings of the truck accident, the at-fault trucking company’s domicile shall be immaterial. There shall be no exception to the timelines just because the trucking company is registered elsewhere.
You should strictly adhere to the timelines if you want compensation for your losses and injuries.
How Can a Lawyer Facilitate the Process of Suing a Trucking Company?
As noted in the paragraphs above, suing an out-of-state insurance company is challenging. Moreover, navigating through the process of personal jurisdiction can take time and effort. Because of this, you must hire a lawyer as soon as possible so they can help you through the process. Our lawyers at Big Ben Lawyers are experienced and have the capacity to help you throughout the process of prosecuting your claim.
The experienced lawyer shall facilitate the process of suing an out-of-state trucking company by doing the below tasks:
- Following up with and obtaining personal jurisdiction on the matter. Getting the same is tedious and may overwhelm you if you still suffer from injuries sustained in the truck accident. The lawyer shall, therefore, assist you in obtaining the same.
- Putting together evidence that established the at-fault trucking company’s negligence
- The lawyer shall help you understand and frame your damages to ensure they are awarded.
- The lawyer shall help you evaluate the financial value of your damages. The lawyer may engage the services of financial experts so that they can come up with a monetary value that fully considers the extent of your injuries.
- The lawyer shall help you gather and put together all the evidence necessary to support your claim.
- The lawyer shall send a spoliation letter to the trucking to safeguard all the necessary evidence. They may destroy crucial evidence if a spoliation letter is not sent to the trucking company.
- The lawyer shall assist in keeping track of all the underlying timelines so that your claim remains fresh.
- The lawyer shall help procure witnesses, including expert witnesses who help bolster your claim’s chances of success. It should be noted that for your claim to be successful, you must engage competent people who shall help you attain your objectives. However, getting skilled people such as expert witnesses requires an intense search, which may overwhelm you. The lawyer shall take away this tedious task from your shoulders.
- They are negotiating with insurance companies. The lawyer shall help you deal with insurance companies to ensure they pay a fair settlement.
- Preparing and filing the truck accident claim. Preparing and filing a truck accident claim is long and tedious. This is because evidence has to be completed, studied, and understood before the claim is prepared and filed. A lawyer shall, therefore, help you deal with this complicated task.
- They represent you in court and counter any possible defense of the at-fault party.
What Damages Can Be Recovered in a Truck Accident Lawsuit?
Because there are varying extents of injuries and losses that emanate from the truck accident, it is only just and fair that you are compensated. However, you can only be paid if you ask for compensation in a clear and well-explained manner. It is, therefore, vital that you engage the services of a truck accident attorney to help you come up with a possible list of damages that should be contained in your claim.
Below are the possible compensation that you can claim when filing a personal injury claim following a truck accident:
- Damages for physical pain and suffering emanating from the accident
- Damages for mental and emotional distress that ordinarily result from any accident
- Damages for medical costs that you might have incurred after the accident
- Damages for the income that you might have lost as a result of being a victim of the accident
- Damages for the reduced earning capacity because of the injuries sustained from the accident;
- Damages for the diminished quality of life because of the injuries and suffering sustained
- Compensation for the loss of consortium
Suppose the out-of-state truck brings about a fatality on its victims. In that case, our experienced team of lawyers shall assist you in getting every possible compensation, including damages for the funeral and burial costs, damages for lost support because of the fatality, and any other potential economic and non-economic damages. Kindly allow us to focus on the legal issues of the accident while you focus on your loved ones.
It is possible to sue an out-of-state trucking company. If you would like an out-of-state trucking company, you must engage the services of a personal injury lawyer. Involving a truck injury lawyer to seek compensation for the severe injuries and losses will make the process seamless and more productive. You should reach out to Personal Injury Lawyers near you so that they can give you a free case review.
Contact Big Ben Lawyers for a Free Case Evaluation and a No-Fee Guarantee
As indicated above, suing an out-of-state company is possible and has been done in California on countless occasions. However, to succeed in your claim, you must understand the principle of personal jurisdiction and, at the same time, ensure that you have an experienced attorney who shall help you throughout your pursuit of compensation.
Our team of lawyers at Big Ben Lawyers is experienced in dealing with claims in which the at-fault trucking companies are domiciled out of California. Our understanding of the issues and the principles surrounding such claims puts us in good stead when dealing with at-fault truck companies in other jurisdictions.