When you have suffered an injury in an accident caused by a truck driver, you have a choice about how to pursue financial compensation. Typically, you can choose to deal directly with the trucking company’s insurance carrier, or you may elect to file a lawsuit in court. Your truck accident lawyer will determine the exact tactics in your legal case because they know the most effective way to pursue compensation on your behalf. You need to get legal help from an aggressive truck accident attorney who can put you in a position to receive a full settlement check for your injuries.
Hire a Truck Accident Attorney Before Anything Else
The first step in the claims process should be to hire a truck accident attorney to handle your case. You are likely dealing with a sizable potential settlement check, and there will be many threats to your legal rights. You cannot afford to take matters into your own hands in a misguided attempt to save money. If you try to go without the help of a truck accident lawyer, you may come away wholly empty-handed when you seek compensation.
Your Truck Accident Lawyer Will Prepare Your Claim
Your truck accident lawyer will lay the groundwork for your claim by conducting a full investigation of the accident. They will gather any evidence you need to include with your claim to persuade the insurance company to accept liability. Your truck accident claim will also include extensive documentation of your injuries to back up the amount of money you seek. You will need to include medical records and other evidence of your losses as evidence to prove your damages.
You can only file a truck accident claim once you reach the point of maximum medical improvement. This term represents the point where further medical treatment would not necessarily improve your condition and prognosis. At this point, you will know the full extent of your future damages, potentially after your car accident lawyer works with expert witnesses to calculate your harm.
Your truck accident lawyer will help you decide whether to file a claim or lawsuit to seek compensation. Sometimes, they will suggest that you begin by negotiating a settlement with the insurance company instead of filing a lawsuit in court.
Your truck accident lawyer will advise you on the level of formality of your claim. Depending on the insurance company you are dealing with and the amount of your damages, some truck accident lawyers may try to start dealing with the carrier informally. Others may initiate a more formal legal process through a demand letter. Either way, your insurance claim will include the evidence that forms the basis of your contention that the trucking company was to blame for your accident. Your truck accident lawyer will also include documentation of your damages.
The Claims Process May Draw Out Over Time
Insurance companies will likely take their time to respond to your claim. In some respects, you cannot blame them because they may owe you a large amount of money for your injuries.
However, insurance companies also use a delay in responding to their advantage because they are trying to gain the upper hand over you in negotiations. They will analyze the presented evidence and the results of their investigation before deciding whether to accept liability for the truck accident.
You May Receive a Settlement Offer from the Insurance Company
The insurance company may decide to make you a settlement offer to resolve your claim. When this happens, you should not get too excited and feel like you have won your case. The initial settlement offer is only the first step in what may become a long negotiation process. You can expect to feel shocked by how the low offer does not reflect the damages you have suffered. Insurance companies do this consciously to gain a stronger negotiating position. They fully expect you to reject this offer because they know exactly how low it is.
You Will Likely Need to Negotiate with the Insurance Company
Your truck accident lawyer will review any offer the insurance company makes and advise whether you should accept or reject it. In all likelihood, you will at least reject the initial settlement offer. Your truck accident lawyer may tell you to continue negotiations with the insurance company until you can reach a settlement agreement. In that event, you may respond with a counteroffer. Insurance companies may raise their settlement offer to a figure that more closely reflects your reality.
You may move closer to a settlement agreement over time. Sometimes, this will only happen after your truck accident attorney places legal pressure on the insurance company. What insurance companies fear the most is a truck accident lawsuit. They know full well that a jury can assess punitive damages, causing them to be at risk of having to pay more money or being sued by their policyholder in a bad faith lawsuit. You have more leverage than you think when dealing with an insurance company.
You Always Maintain the Option of Filing a Truck Accident Lawsuit
Your truck accident attorney may tell you that you should exit the claims process altogether and move toward filing a lawsuit in court. Then, you place your legal rights in the hands of a jury who will decide whether you have the legal right to money in the first place and how much the insurance company may need to pay you. Of course, you are taking risks if you go to trial, but it is what you may have to do sometimes to get all of the money that you deserve.
Without a lawyer, you may be at a disadvantage when dealing with insurance companies. Hiring a lawyer is essential for dealing with the truck accident claims process. They have the knowledge, experience, and resources to handle the legal aspects of your case. By having a personal injury lawyer on your side, you can focus on your recovery while they work to secure the compensation you deserve.