If you’ve been hurt in a truck collision, you need legal help more than ever in dealing with the insurance companies and other parties who may be responsible for the accident. Moreover, injuries resulting from a truck accident can be especially severe, with devastating consequences – meaning that you need professional help in getting the economic and non-economic compensation you deserve to move on with your life.
According to an experienced Gary, IN truck accident lawyer, seeking legal help is vital. Personal injuries attorneys can provide advice and assistance throughout the process, from the initial consultation to filing a lawsuit and pursuing your legal rights.
What Do Personal Injury Lawyers Do?
Personal injury lawyers specialize in assisting victims injured due to someone else’s negligence or intentional acts. They know the laws regarding varying personal injury cases, such as truck accidents, and their expertise can help bring your claim to a successful conclusion.
The following briefly overviews how a personal injury lawyer can help you in a truck accident case.
Initial Case Review
When considering hiring a personal injury lawyer following a truck accident, you usually ask them to review your case and explain the various legal options available. Then, depending on the nature of your claim, your attorney may offer advice on the feasibility of filing a lawsuit, the various legal strategies that can be pursued, and how to navigate the complex issues involved with truck accident cases.
The case review undertaken by a personal injury lawyer is incredibly important in determining if a case is suitable for legal representation. It involves evaluating the facts of the case and weighing the chances of success. From there, the lawyer can decide whether to pursue legal action for you.
If the lawyer decides to take your case, they will investigate all aspects of your case. Only after the investigation stage can the lawyer move forward in bringing the claim to a successful conclusion.
Proving Truck Driver Negligence
In a truck accident case, the lawyer must prove that the truck driver or trucking company was at fault. The lawyer should be able to identify any lapses in safety that may have caused the accident and any negligence on the driver’s part.
The lawyer must collect and analyze evidence to prove truck driver negligence to determine whether the driver or trucking company breached any laws or regulations. They may need to look into the trucking company’s records, interview eyewitnesses, and inspect the accident scene. It is important to have an experienced lawyer who understands the complex issues surrounding truck accident cases and can use their knowledge to build your case. Remember, however, that negligence has to be proven before you can receive compensation for your injuries.
Gathering Physical Evidence
Evidence research and collection are mandatory to make a successful claim when a truck accident occurs. A personal injury lawyer can help you by gathering evidence and issuing witness statements.
Evidence such as debris, brake marks, and skid marks at the accident scene can be collected to show the accident’s severity. In addition, your attorney will ask for the police report, witnesses’ contact information, medical report, etc. The personal injury lawyer will also seek to obtain relevant documents from the trucking company, such as the driver’s logbook and records of the truck’s maintenance and repairs.
Other sources of evidence can include video footage from the area, pictures or videos taken by passersby, and other legal documents, such as accident inspection results.
Documenting Injuries and Expenses
This one is an essential stage in any truck accident case, as it establishes the full extent of the damages incurred. It usually includes medical bills, employer documentation of lost wages, emotional suffering, and other losses. These damages must be accurately and thoroughly documented to build a successful case. Therefore, compiling this detailed evidence is one of the most important tasks a personal injury lawyer can provide.
The evidence collected during the documentation process can also be used to assist in the calculation of damages. This can include the accident’s financial costs, non-economic damages for pain and suffering, and emotional distress. In addition, attorneys will use the evidence collected to help their clients receive full and fair compensation for their injuries associated with the truck accident.
Calculating Damages
Calculating damages is crucial in establishing compensation in a truck accident case. Personal injury lawyers will assess and document a victim’s physical, mental, and financial damage (present and future) to reach a number and begin settlement negotiations.
The lawyer will also estimate the total cost of treatment and other losses. Discussing these fundamental calculations with the lawyer in detail is essential. An experienced lawyer will ensure the calculations accurately reflect all medical bills, lost wages, property damages, and future expenses related to the injury (physical therapy, the need for a wheelchair, psychotherapy, the costs associated with doctor’s visits, etc.). They will also be able to identify what kind of monetary compensation can be secured with a lawsuit or settlement.
Furthermore, an experienced personal injury lawyer will help truck accident victims calculate the non-economic compensation they can expect. Lawyers and insurance companies typically use a multiplier method to estimate non-economic damages in personal injury cases. This involves multiplying the economic damages, such as medical bills and lost wages, by a certain factor, usually between 1.5 and 5, to determine the amount of non-economic damages, such as pain and suffering, that the victim is entitled to receive.
With a personal injury lawyer’s help, those affected by a truck accident can get the justice and compensation they deserve.
Building the Case and Negotiating Settlement
The fight begins when your lawyer determines who was legally responsible for your accident and what compensation you should receive. Then, your attorney will build your case and make the appropriate claims against the responsible trucking company/driver for compensation for the damages you incurred.
The settlement negotiation process typically involves the following steps:
- Demand letter: The lawyer sends a demand letter to the insurance company outlining the victims’ injuries and the damages they seek.
- Negotiation: Your attorney and the insurance company start negotiating, with the lawyer presenting evidence and arguing for a fair settlement.
- Counteroffers: The insurance company usually makes counteroffers, which the lawyer evaluates and responds to.
- Final settlement: If a settlement agreement is reached, your lawyer will review the terms and ensure they are fair to you.
The lawyer advocates for their client and protects their legal rights throughout the negotiation process. In addition, they advise you whether to accept or reject a settlement offer based on their expertise and experience in similar cases.
Summary
Truck accidents can have devastating physical and financial consequences. Therefore, it pays to have a skilled and experienced personal injury lawyer by your side in such cases. Your lawyer can provide invaluable advice and assistance throughout the process, helping you to bring your claim to a successful conclusion. With the support of a personal injury lawyer, you can be sure to receive the compensation and justice you deserve.
