Why Do I Need to File a Truck Accident Lawsuit?
You may not need to file a lawsuit after an accident with a truck. Like other personal injury cases, you will probably be able to get compensation in a settlement without filing a lawsuit.
With a lawyer advocating for you, the negligent party’s insurance company is likely to provide compensation during a settlement negotiation. Settlements typically cost insurance companies less than jury verdicts, so they will avoid a lawsuit and trial if possible.
The best way to know if you need to file a lawsuit is to consult with an experienced truck accident lawyer. Reputable firms provide free case evaluations to determine if you have a strong case and if a lawsuit makes sense as your next step.
How Do I Know if I Have a Case for a Lawsuit?
A lawyer with experience handling these types of cases can give you a reasonable estimate of your chances of winning. They cannot guarantee an outcome, but with all the information, they will tell you if your case is strong or if it is not worth filing.
In general, to have a case, you must be able to prove someone is negligent in the accident and liable for the damages you incurred as a result. This can be complicated, even if it seems straightforward to you. Only a lawyer with relevant expertise can tell you if proving negligence is possible.
When Do I Need to File a Lawsuit?
If a lawsuit is a legal action you will be taking for a truck accident, do it as soon as possible. You want evidence and details of the incident to be fresh in your mind and those of witnesses. You may miss your chance to file at all if you do not start a lawsuit within your state’s statute of limitations. Depending on the state, this time limit may be as little as one year from the accident.
What Can I Recover in a Truck Accident Lawsuit?
Your lawyer cannot give you a specific amount of damages that you may recover in a lawsuit. They can provide a reasonable estimate, and they will try to recover as much as the law allows. Factors that contribute to damages amounts include:
- The severity of the accident and resulting injuries
- Your medical bills
- Estimated future medical bills
- Lost wages and lost earning capacity in the future
- Damage to your car and other property
- Degree of disability
- Pain and emotional suffering
What Are the Steps in a Truck Accident Lawsuit?
After a truck accident that causes you an injury, do two things immediately: get medical attention and call the police. Someone may have to do the latter, but it ensures that you get a police report, important evidence in a settlement or lawsuit.
As soon as your medical situation allows, consult with a personal injury lawyer with experience handling truck accident cases. They will know how to proceed, how to determine and prove negligence, and how to recover as much in damages as possible. The usual steps include:
- Working with the insurance company.
You may not need a lawsuit to get adequate compensation after an accident with a truck. Your lawyer will try to save time and get you money faster by negotiating with the negligent party’s insurance company.
- Filing a complaint.
If the negotiation does not provide a satisfactory result, you may choose to start the lawsuit. Your lawyer will advise you, but the choice is yours. They will file a complaint, notifying the defendants and outlining the general details of your case.
During the discovery period, both sides investigate the case and share information. The defendant’s side in a truck accident lawsuit is usually the legal team for the insurance company. They will try to find evidence show the driver was not negligent or that you can be blamed for the accident, even if only partly.
- Settlement negotiations.
After gathering information, the insurance company will likely negotiate again. If you are not happy with the outcome, you can go to trial.
During a trial, a jury listens to arguments from both sides’ lawyers. They hear expert testimony and examine the evidence. They decide if the defendants are negligent and if they owe you damages.
Either side in the trial can appeal the jury’s verdict and seek to have it overturned. If this happens to you after a win, it means a delay in compensation or possibly no compensation at all.
If you have been injured in an accident with a truck, filing a lawsuit may be the right step to recover damages. The costs of medical bills, treatments, lost wages, and other repercussions from the accident add up quickly. Trust an experienced personal injury and truck accident lawyer to help you get the compensation you need to make ends meet.