Truck accidents can be traumatic and devastating for entire families if injury or death happened to a family member. What complicates the matter further is that some people may not get suitable compensation for the accident.
Truck accident lawsuits often come to the rescue in situations like these. If you’ve suffered a personal injury, your attorney would work with you to gather details about the case to file a personal injury lawsuit. On the other hand, if you’ve lost someone to a truck accident, you could file a wrongful death lawsuit.
Due to the many complicated details, you should learn about your legal rights and how to act after going through an event like this. In this article, you’ll find helpful information about lawsuits and settlements.
When to Hire a Truck Accident Attorney
Truck accidents differ greatly from normal car accidents, whether they’re caused by a semi-truck, a commercial truck, or a tractor-trailer. Additionally, trucking companies often have huge insurance companies backing them with policies and money, so they might be able to make the accident go away easily.
But if you go through a severe injury or a trauma, you’ll definitely want compensation. As a result, you’ll have to look for a truck accident attorney right away because, as Georgia truck accident law states, the statute of limitations for a personal injury case is two years from the date of the accident. So, you don’t want to be late because it can invalidate your case.
Your newly hired truck accident lawyer will most probably be able to reach a settlement that’ll cover your lost wages, medical expenses, and injuries. They’ll also be able to give you trusted legal advice.
Who’s the Culprit, the Truck Driver or the Trucking Company?
The first matter your attorney will take care of is determining who’s responsible for it. There are many options to go through truck driver, trucking company, and truck manufacturers.
The culprit will most probably be one of those two options: the truck driver as a result of consuming alcohol or marijuana before driving or the trucking company because of mechanical problems. Once your attorney determines who the culprit is in the trucking industry, you’ll know how you’re supposed to get compensation, even if you’re partially responsible for the accident.
Claims or Lawsuits?
Many people confuse claims and lawsuits together. To put it simply, claims come first. If the claim isn’t resolved in a proper manner, you’ll proceed to court. People file a claim by sending letters to the company responsible for the insurance coverage.
The letters should include details about any serious injuries you suffered, the medical treatment you went through, including any surgery, and the impacts the accidents had on your life. If your lawyer gets negligence in response from the insurance company, you’ll be able to take your case to court to establish liability as the injured party.
Truck Accident Lawsuit Steps
There are a few steps that you and your lawyer will go through if you choose to take your case to court. But first, you should know that lawsuits don’t have a specific timeline; they may take weeks, months, or years.
- Claim Assessment: During this step, your attorney will discuss the accident’s details, evidence, injuries suffered, and medical expenses with you. After establishing liability, they’ll explain your legal rights and the options you have for the next step.
- Investigation: If your case qualifies for court, a thorough investigation will be conducted after notifying the at-fault party, preferably as soon as possible, to ensure preserved evidence.
- File & Complaint: In this step, direct public action will be filed against the negligent parties, whether they’re insurance companies or trucking companies.
- Case Discovery: In order to build a solid case, your attorney will request information from the multiple parties involved and talk to witnesses.
- Mediation: A mediation may be necessary to determine if a fair settlement is attainable. Both the victim and the defendant are supposed to attend this event with their attorneys.
- Trial: If the parties fail to reach a settlement during this entire process, they’ll proceed to trial, and the judge will decide who’s to be held liable.
How Truck Accident Settlement Amounts Are Determined
Now that you know what a truck accident claim is and how lawsuits work, you should know how recovering damages work. There are two types of damages that can guarantee generous compensation for truck accident victims.
The first type is economic damages. These include medical bills, lost income because of long recovery time, and earning-capacity loss. The compensation you receive for these will benefit you in case you have a huge financial responsibility in your life.
There are other economic damages that may not come to your mind but are eligible for compensation too. For example, if you have a broken vehicle as a result of a collision with a large truck, you may get money in exchange.
Moreover, you may get funeral expenses if a loved one was killed during an accident. Your lawyer is the one responsible for telling you about these details, so you should try and keep a solid attorney-client relationship to ensure they give you their undivided attention.
On the other hand, you can also get compensation for non-economic damages that result from trucking accidents. Those include the injuries that greatly affect your quality of life. They’re a little harder to prove than economic damages, so you’re going to need an experienced attorney to make a solid case.
Non-economic damages include pain that results from severe injuries like burns, mental anguish, and emotional distress. This compensation will come through the insurance company or the court after your truck accident lawyer succeeds in defending you in front of the judge.
To Wrap Up
Traumatic experiences such as trucking accidents can be made worse by negligence from insurance providers. If you’re already suffering from an injury or loss of a loved one, you won’t appreciate the idea of someone stealing your legal rights. That’s why you need to hire a trusted attorney and file a case.
By the end of the truck accident case, you’ll know who to hold accountable, whether they’re the truck driver who drove at a careless speed on a highway or the company that neglected safety maintenance of their large trucks. Accordingly, you’ll get your compensation.