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Commercial Truck Accident: The Process for Filing Legal Claims

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Every accident is unique in its way. However, lawsuits can become more complicated when trucks are involved because of the industry’s complex trucking regulations. This is also coupled with the severe destruction typically caused by these types of crashes. It takes in-depth legal knowledge of truck accident claims to research, argues, builds, and successfully settle a truck accident lawsuit. If you or a relative is injured in a commercial truck accident, you need to understand some specific rights if you want to receive insurance compensation. Ideally, the companies that own these large commercial trucks are notorious for acting quickly to halt serious insurance claims from moving forward. This post lists the steps you need to take when filing a claim for a truck crash.

1.Sign an Agreement with an Attorney

In this stage, you need to establish a professional working relationship with an attorney. This means sitting down to review, sign, and negotiate contract terms that you are comfortable with. This document is sometimes referred to as Retainer Agreement or Letter of Engagement, as explained by the team at ButlerFirm.com. Ideally, this document shows that the relationship between a lawyer and a client has begun. It also highlights fee percentages and details concerning payments and expenses for recovering or not recovering damages in the lawsuit. The terms for how the claimant and the attorney can cancel the agreement will also feature on the document. You should keep in mind that each law firm has a different style of contract. While some are relatively simple, some might be complex depending on the case. We recommend that you understand the essential points before signing the agreement.

2.Claim Assessment

After filing a claim with your preferred law firm, the attorneys will conduct a thorough assessment to ensure you have a valid case. Ideally, this involves discussing details of the accident, damages, evidence, future issues, medical-related costs, and the at-fault party’s negligence. Depending on the attorney you’re working with, they will also discuss and explain your legal rights and options depending on the facts laid out. At this point, they will also inform you of the next step to be taken. Some firms offer a free consultation during such assessment sessions, but others might charge a fee.

3.Investigation

This step is crucial in filing for a commercial truck lawsuit. If your case has enough weight to proceed through, your attorney will immediately investigate the accident. We recommend beginning this step immediately as it helps to preserve evidence. Your attorney will notify the negligent parties involved and will demand the preservation of all evidence. This evidence includes pictures, road structures, truck licenses and certificates, vehicles involved, and other relevant data.

4.Personal Injury Demand Letter

Soon as you and your legal team collect enough evidence and review it, then you have enough to move forward with demands. Your attorney will draft and send a personal injury demand letter to the at-fault party’s insurance company during this stage. This document highlights how you, as the claimant, have been affected by the accident (mentally, financially, physically, etc.). The most critical part of this document is the financial payment part. It highlights the amount that will be accepted by the claimant to restore justice. Additionally, the demand letter notifies the defendant and their insurers that they will only be released from liability under the letter’s terms.

5.Insurance Settlement Negotiation

Once you’ve filed a commercial truck insurance claim, the next step is to negotiate an insurance settlement. This is a critical step, and you should never do it without an experienced lawyer. Additionally, this is not something that you want to try doing on your own. When you’re negotiating for a settlement with the insurance company, refrain from accepting the first offer. Ideally, most insurance companies anticipate negotiating, and this is where your attorney will come in handy.

6.Which Way: Settlement or Trial?

Since the truck company has received your demands, they now have the opportunity to assess the evidence and evaluate their case. Depending on the circumstances, the truck’s insurance company may take different approaches. First, they may accept your demand and will agree to settle the matter outside of court. Secondly, they may present a counter-offer. For example, they may suggest buying the claimant a property. In this scenario, you should expect the negotiations to go back and forth a few times before an agreement is reached. If all this fails, your case may have to proceed to trial.

Filing an injury claim after a truck accident is a complex and complicated process. These claims also take long compared to claims like property damage or passenger cars. It would be best to understand that the truck company will also have a legion of attorneys on its side. We recommend working with a professional lawyer and avoid doing this on your own.

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