In a vehicle accident, it is expected that there are some losses, which may likely result in devastating catastrophes. These may leave victims suffering from injuries and damages that could last a lifetime. However, because of the truck’s weight and large size, these damages are likely bound to happen during truck accidents.
If you’re involved in a truck collision and believe that someone is responsible for all damages and injuries you have suffered, then you have the right to file a lawsuit against the party at fault. The lawsuit may grant you compensation from the negligent party. However, it may take time for the case to be solved.
In accidents involving trucks, time is indefinite, meaning the exact timeline of your case will matter depending on the details you, your attorney, and the authorities have gathered. If there only minor injuries and damages are involved, lawsuits may take a few months or a year.
If you’ve been injured in a truck collision, you may contact the Orange County truck accident attorneys or local personal injury attorneys to address your concerns regarding lawsuits. Furthermore, here are important things you need to know and consider about the lawsuit’s timeline:
1.Knowing If You Are Eligible To File A Lawsuit
You might want to consider that your attorney will not go ballistic and launch a lawsuit attack immediately. The first step your attorney will do is file a claim with your insurance company. However, if your policy does not cover the scope of your losses, damages and injuries sustained, the insurance company may reject your claims.
If this happens, your attorney’s next move will be to file a claim against the negligent party’s insurance provider. However, if they do not come to negotiable terms and settlements, then your lawyer’s final move will be to file a lawsuit against them.
On the contrary, if at least 50% of the total accident damages is due to your negligence, you may not be eligible to file a case against the other party, or if your insurance provider covers all of the damages you have sustained. So, call your attorney immediately to know if you are eligible or not.
2. Seeking Immediate Medical Treatment
Safety should be everyone’s priority. So, after an accident, check yourself and your companions if there are any injuries, minor or severe, and call for an emergency paramedic right away. Even if you don’t detect any physical injury, you should still be checked by a medical professional to determine possible injuries connected to truck collisions.
With immediate medical care, not only you prevent unforeseen injuries from occurring, but also help the court connect your injuries to the time of the accident appropriately. Therefore, you’ll be able to collect fair compensation that will be used to pay for your medical bills, succeeding medical therapies, and possible long-term treatment.
3. Calling Police Authority
Before you go to the hospital, and if you’re not severely injured, you may need to call authorities immediately. During this call, the dispatcher may ask you the details of the accident, including the location and how bad was the collision. Remember, never discuss anything that is unnecessary, such as pointing fingers about who is responsible for the accident.
After this call, the dispatcher will immediately send a team of police officers to the accident scene. The police will investigate and ask both parties a series of questions about the accident. After collecting enough details, the police will create a police report.
Even if it’s not considered evidence in court, it may still help you on your case as it contains essential information regarding the accident. So, get a copy of it as much as possible.
4. Hiring An Expert Personal Injury Lawyer
What’s the use of filing a lawsuit without a lawyer? The role of your attorney is to make you understand the legal system and how the court will interpret your case. They will help you prevent things that could affect your claims negatively, such as damaging and impulsive comments and statements.
Also, with your lawyer’s help, you’ll be able to file a lawsuit within the time limits. This limit is called the statute of limitations. The statute may vary depending on your state, so ask your attorney about this. If you fail to submit or file a lawsuit on time, the party at fault may no longer be liable for all the damages incurred, even if you have crucial evidence to support your claims.
Here are the things your lawyer will do:
- Gather more evidence by visiting the accident scene
- Meet and gather information from eyewitnesses
- Maximize the use of police reports
- Review traffic footage
- Analyze the condition of the truck driver and his driving log
- Review the trucking company’s records
- Work with other professionals, such as doctors and accident reconstruction specialist
Furthermore, you also need to help your lawyer by being transparent and providing factual information.
5. Establishing Liability
Before you file a claim, you need to establish that the party at fault is fully responsible for the accident and the damages you have sustained. However, you need to present strong evidence to prove your arguments. Also, there might be multiple parties liable, such as the trucking company, truck manufacturer, or truck operator.
6. Filing A Truck Accident Claim
After determining who’s liable for the accident and gathering evidence to support your claims, the next step is to file a claim against the at-fault party’s insurance provider. The compensation will depend on the severity of the injuries and damages caused by accident. The compensation may include the following:
- All medical-related costs, including follow-up appointments, physical and mental therapies, medications, and others are included in the compensation. It should also cover the past and future expenses if applicable.
- Possible wages and earnings
- Pain and suffering
- Losses affecting the quality of life
- Wrongful death
Also, expect that the insurance company will make a much lower counter-offer than you deserve. In this case, your lawyer will use all the evidence to prove your claims and reach a settlement without the risk of going to the court.
7. Filing A Lawsuit
This happens when all the negotiations regarding insurance claims fail. However, before the trial proceeds, your legal team will still negotiate with the other party by presenting how strong your claims are.
If the negotiation still fails, your legal team will present the case and evidence to a jury, and let them decide everything regarding your compensation.
Truck accidents may cause life-changing and life-threatening results depending on the injuries and damages you have sustained. If this happens to you, it would be in your best interest to call for a legal professional and ask what possible claims you can get.
Your lawyer will do anything to make sure you get what you rightfully deserve. They will be the ones to negotiate with your insurance provider, at-fault party’s insurance provider, and other third parties involved on your behalf.
With legal experts on your side, there’s nothing to worry about. However, make sure to cooperate as much as possible by providing all the necessary details.