Law

Proper Ways to File a Claim if Someone is Injured in a Truck Accident

Although accident claims are trickier than other claims, the compensation makes it worth pursuing. Suppose you were involved in a truck accident or any other heavy traffic vehicle and sustained injuries. In that case, it is important to be connected with a healthcare professional and a qualified attorney. Usually, these trucks have their parent companies, and these companies have powerful attorneys, so get the right help you need to file a truck accident claim. You might be pressured for a lower settlement, but your attorney will help you obtain the best settlement for your situation.

Communicate Through Your Attorney Only

It is imperative that you only communicate with the other party through your attorney so that you do not violate any laws in the interaction. Your attorney will communicate with the defendant only through formal notices.

Collect Evidence

Collecting any evidence that can be useful in your case will help you later on. This evidence can be in the form of your medical reports or any witnesses that were present at the time of your accident. Evidence will be presented in court if both parties decide on a trial.

Send a Demand Letter

The demand letter is sent before you start negotiating the terms and the compensation. This is an estimate of all your losses, including monetary and emotional losses. Always keep in mind that negotiations with the other party will only occur after sending the demand letter, and being overly rigid with your requirements will not help. Be realistic with your damage compensation, and you can get a good settlement. 

Proceed Towards Settlement or Trial

In many cases, an out-of-court settlement is probably the best option available. Going to court can be costly and time-consuming for both parties. Considering the truck company is well-renowned, they will be more cautious of their reputation and want an out-of-court settlement. You can put your terms in front of them through your attorney, and they will negotiate on your behalf. If the trucking company thinks they are not at fault, they might not even indulge in any negotiations and will prefer going to court, where they can present their proof. 

Go to Court

Going to court means that the negotiations have failed and a settlement couldn’t be reached. Now both parties will present their evidence before the judge and let justice take its course. Now you, as a plaintiff, should understand that the court’s decision will be final and that you will have the right to appeal later on if you don’t think justice has been served. However, if you have the right evidence and witnesses, nothing stops you from getting the compensation you rightfully deserve. 

It always comes down to getting the right legal team to represent you in court. If your team has experience with truck accident claims, they can build a case to help you get the compensation you deserve. 

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Published by
Barry Lachey

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