Steps to Take to File a Winning Truck Accident Lawsuit
Due to the sheer size of your typical American truck, accidents involving trucks and civilian vehicles tend to be catastrophic owing to the severe injuries one can sustain, with most of these injuries leading to life-changing consequences such as traumatic brain injury, spinal cord injury, and even paralysis. Truck accident lawsuits seek to make the victim whole again, but they are not without red tape, delays, and legal intrigue. The stakes are extremely high in such cases, and insurance companies will pull out every trick in the book to get you to accept a paltry settlement just so they can get out of paying you hundreds of thousands or even millions of dollars for your injuries and other damages.
That said, you deserve every penny that you ask for after being injured in a truck accident, but the only way you’re going to get this is via consulting an experienced law firm so that they can facilitate the entire process as you sit and recover from your injuries. It is important to note that truck accident lawsuits hinge on evidence as well as your medical report detailing your injuries, and they are time-sensitive. If you were injured in a truck accident, legal help is available, and in this post, we’ll go over the timelines associated with filing a lawsuit for injuries associated with a truck accident, so keep reading to find out your legal options for justice and compensation.
Are you looking for an experienced truck accident lawyer? Please call us NOW at 312-444-0214 to learn more about your legal options for justice and compensation. The aggressive and compassionate truck accident attorneys at McCready Law bring to the table combined experience spanning 50 years where we’ve represented thousands of injured individuals just like you, recovering hundreds of millions of dollars over the last 25 years, bringing hope and dignity back to our clients and their families.
McCready Law is different from other law firms due to the fact that we aren’t afraid to litigate if the situation calls for it, as we not only have the expertise when it comes to courtroom litigation, but we also have the resources needed to try these cases in court. This is significant as litigation can net you ten or even hundred times more than what the insurance company may offer you as the burden of proof is much higher for litigation, legitimizing your injury and request for compensation. we run a bilingual office (hablamos Espanol), we serve all truck accident victims across the country, and we take on all cases on contingency fee basis, which means that there are ZERO UPFRONT FEES for all the cases we take on as we only levy our fees at the end of the process, and only if we’ve won your case for you. To speak with someone regarding your potential truck accident case, call us NOW at 312-444-0214 for your 100% FREE legal consultation – our intake team is standing by.
How to Start Your Truck Accident Lawsuit Journey – What You Must Know First
A truck accident lawsuit is governed by timelines that one must follow in order to meet requirements and deadlines, as well as to legitimize your claim should it go to trial. There are documents which must be filed within a time-frame, activities that must be completed before moving on to another task and so on, ostensibly done to ensure efficiency and that you get a resolution of your case in as little time as possible.
Typical Timeline for Truck Accident Lawsuits
Initial Response and Investigation
Immediately after a truck accident occurs, the immediate concern is making sure that you are healthy and that your injuries are attended to. Make sure to be seen by an urgent care physician so that any injuries are handled and that any bleeding or pain is taken care of so you can jump-start your healing journey. If you feel overwhelmed or emotional, this is normal as shock is a common occurrence shortly after an accident; make sure to center yourself, remove yourself from the scene of the accident, and ask to see a trauma-based therapist if these feelings persist.
Evidence plays a central role in these types of accidents, so ensure that you or someone close to you requests to have copies of the police report which will detail things like the time, nature and location of the accident. In addition, witness statements gathered by law enforcement will corroborate your allegations as well as match up with information found in the police reports which will bolster your case going forward. You can request a copy of this report from the local law enforcement agency after filling out a form and paying a small fee. The sooner you get this report, the better, as it will help things move along during litigation. Don’t forget to gather photographic evidence, and this may mean taking pictures of the accident from multiple angles, the damage your vehicle and the truck sustained, as well as photos of any injuries you sustained as well as those of other victims.
Hire an Attorney
An attorney is vital when it comes to truck accident cases, as going it alone may leave you out in shark-infested waters: the insurance company may trick you into signing a release form barring you from future legal action, and then issue a paltry payout which won’t begin to cover your medical expenses, let alone rehabilitation, lost wages, pain and suffering and so on. When choosing this attorney, make sure that they have handled similar cases in the past, and that they have recovered significant amounts of compensation for past clients. The attorney will then go to work at developing a unique legal strategy to help win your case for you, taking into account the evidence present and other factors. An attorney will also be instrumental in helping you collect all evidence by coordinating with experts such as forensic investigators and accident reconstruction specialists to come up with a compelling account of what actually happened, placing liability squarely on the truck driver. An attorney will also deal with the insurance company and handle all communications with them so you are not lowballed by these nebulous corporations. Should the situation call for it, they will negotiate on your behalf as well so you receive fair compensation in line with your injuries and the associated damages. Your attorney will represent you in court and engage the other party’s counsel by fronting compelling arguments thanks to their legal expertise and in-depth understanding of personal injury law.
Filing The Lawsuit
Once investigations have concluded, you and your attorney will move forward in assessing how viable your case is. Your counsel will identify who was at fault so that liability can be apportioned to all responsible parties such as the driver, trucking company and even manufacturers in the case of a design defect in the engine and so on. Damages will also be estimated, which will include things like lost wages, loss of consortium, medical expenses, etc. once all of this is ready, a complaint will be filed in an appropriate court, summarizing the facts of the case, the legal background of the claim and its rationale, as well as the damages you seek as the injured party or plaintiff. Once the complaint is filed, the defendant will be served which includes delivering copies of the complaint as well as a summons, letting them know that they have been notified about the lawsuit in an official manner.
Discovery Phase
Discovery is a phase that occurs before trial where both parties engage in information sourcing meant to strengthen their cases or defense. It includes things like depositions, interrogatories and requests for documentations. Interrogatories involve written questions sent by one party to the other, requiring them to answer the same. The information requested may include things like who was involved in the accident, the severity and extent of the injuries and so on. Depositions on the other hand are oral interviews of the plaintiff, defendant and witnesses meant to glean more evidence and determine if a witness is fit to stand trial. During discovery, document requests may occur, which includes requests for access to medical records, accident reports and trucking logs.
Negotiation and Settlement
The vast majority of cases do not go to trial, as both parties do not want to engage in long, drawn-out and expensive litigation. To this end, they may decide to engage in negotiations which includes your lawyer sending out a demand letter outlining your injuries and the damages you are seeking. If you have strong evidence, the insurance company may settle knowing that they most likely will lose should the case move forward to court. Should negotiations fail, the case will proceed to trial.
Injured in a Truck Accident? Call Our Experienced, Compassionate Attorneys Today!
There is so much we haven’t talked about in this post, and it is imperative that you know what you’re getting into as a truck accident victim so you have a clear picture of what you can recover in terms of compensation for your injuries. it’s because of this that we would like to invite you to give us a call at 312-444-0214 NOW so we can assess your case in its entirety and provide you with customized solutions and strategies to get you the maximum compensation allowed by law. Remember, the call is 100% FREE, and there is no legal obligation. We serve a countrywide clientele, so reach out to us wherever you are in the country. Thanks for choosing McCready Law, and we look forward to helping you.