In a truck accident case, your injuries and damages are statistically likely to be more serious than the truck driver’s. In these cases, you could be left paralyzed or dealing with serious, long-term recovery, making it all the more difficult to file insurance claims or lawsuits.
Our attorneys can handle every step of the case for you, from filing insurance claims to negotiating with insurance companies to taking your case to trial, if needed. We can also help investigate the cause of the accident and collect evidence to build you a strong case.
For a free case evaluation, call our truck accident attorneys at Howe Law today at (844) 876-4357.
The Process of Filing a Truck Accident Claim in Lawrenceville, GA
Truck accident cases usually start with an investigation, after which we have enough proof to file an insurance claim. If the insurance claim is refused, we will negotiate with insurance companies and try to reach a fair settlement. If the insurance company offers only a low settlement, we will be forced to take the case to court, where it goes through a few stages before arriving at trial itself.
Investigation
At the scene of the crash, there is evidence to collect, such as contact information, notes on weather and road conditions, and so on. You should also take photos if you are able to, capturing what the cars looked like, what the intersection looked like, and how the vehicles were arranged. Also call 911 and report the accident so a police report is processed.
Insurance Claims
You can usually file an insurance claim with the at-fault driver’s insurance, which likely means the truck driver’s insurance. However, some truck accidents are actually caused by a third driver who might have caused the truck to crash and draw in many other cars into a pileup.
In any case, the insurance claim is likely to be rejected or to be accepted at only a low payout value. Our truck accident lawyers can negotiate with the insurance company, but if they refuse to increase the payout to cover your full damages or continue to deny their driver’s fault, we might have to sue in court.
Filing a Lawsuit
When you file your claim in court, our lawyers will submit an explanation of the facts as we see them and an explanation as to why that means the trucker is at fault, legally speaking, for the collision. We can also file this claim against the trucking company they work for in many cases.
Discovery
After some initial rounds of briefs and responses, the case can move on to the discovery stage. This is where the rest of our investigation is played out, with our lawyers gaining the power to subpoena evidence in the defense’s control. We can also subpoena witnesses, including the defendant or other drivers, to come in and give depositions where they explain what happened.
At the end of discovery, all of the facts are on the table, and both sides should have a good idea of how strong or weak their cases are. This is why most cases settle at this stage.
Trial
If the case has not yet settled, we can take it to trial before a judge and jury. We will present evidence and witnesses to explain what happened, cross-examine the defendant’s witnesses and evidence, and make closing arguments summarizing why the defendant is at fault and should pay your damages. We will also present evidence and potentially expert witness testimony about what your damages are worth so the court can use our valuation of the case to decide how much to pay you.
Settlement
Instead of going to trial, cases can settle at any time. In a settlement, the victim agrees to drop their claim and the defendant truck driver and trucking company pay you the negotiated value. Settling often gets you damages faster and takes away the risk that the jury might decide against your claim. Settlements might be reached through mediation if the judge requires mediation along the way in your case, but mediation is not binding and only results in a settlement if you and the defense actually sign a settlement agreement.
Sometimes settlements occur “on the courthouse steps” at the last minutes before a trial starts or even once it is already in progress.
Damages for Injured Truck Accident Victims in Lawrenceville, GA
If you were involved in an accident with a large truck, you could be facing substantial injuries that leave you out of work and reeling from the effects. This could entitle you to substantial damages in your claim in each of the following categories:
Medical Bills
The injuries you face should be treated immediately at the hospital. This can be expensive, but you should be entitled to recover the full cost of care from the at-fault driver and the trucking company they work for. You should ultimately be able to get the cost of emergency care, follow-up appointments, physical therapy, mental health therapy, and other expenses covered.
Lost Earnings
Any wages and earnings you missed out on because of your injury should also be paid back. If you had not been injured, you would have continued working until retirement age, getting promotions and raises as you went. If your injuries require you to stop working or work at a reduced capacity, then you can claim the difference between the wages you would have earned and what you will earn now.
If you only miss a few days during your recovery but get back to work at your normal pay rate, damages are easier to calculate. Many of these more complex calculations and projected values require assistance from financial experts to prove the value when your truck accident case goes to court.
Pain and Suffering
All of the damages that have no economic value – pain, suffering, emotional distress, etc. – should also be compensated. Our attorneys can help you put a value on these intangible damages.
Call Our Lawrenceville, GA Truck Accident Attorneys Today
For a free review of your injury case, call Howe Law’s truck accident lawyers at (844) 876-4357.
