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10 Steps to File a Claim with a Truck Accident Lawyer

Accidents involving trucks can be frightening. You might be unsure what to do or where to turn for help in such a situation. However, there are several things you should do thereafter to protect your health and safety and save information for a future case.


If you are hurt, for example, you need evidence of your injuries and the medical attention you received. Hence, it's critical to gather and preserve information.


Then, you need to contact the trucking firm and ask for the name of their insurance provider if you or someone you care about was hurt in a collision. But there’s so much more to successfully filing a claim.


Here are the steps you should take to successfully get your claim and more.

1. Seek the Necessary Medical Attention


The Insurance Institute for Highway Safety (IIHS) states that a heavy truck's weight can exceed thirty times that of a normal passenger car. This could result in serious, possibly fatal injuries if you are in an accident. So until the doctor releases you from their care, stick to your emergency care and follow your treatment plan religiously.

2. Consult a Truck Accident Attorney First

Provide the required information, and don't say anything or accuse someone. Anything you say could subsequently be misinterpreted and used to undermine your argument.


Instead, delegate all written and verbal correspondence to your Little Rock truck accident lawyer. They can handle the specifics of your case, allowing you to focus on your mental and physical healing.

3. Gather Necessary Evidence


One of the main components of your case file is an official copy of your police report. This objective evidence may include information useful to your legal team.


Additionally, it will include police accounts and diagrams that detail the accident site, including:


  • paint transfer,
  • locations of impact,
  • and injuries that are easily visible.


These items help build your case file, serving as strong bodies of evidence.

4. Establish Negligence


You must demonstrate that the trucking firm is the true liable party because there may be more than one cause for your road accident. This entails demonstrating the four necessary components of negligence:


  • duty of care,
  • duty violation,
  • causation,
  • and damages.


The trucking company might be held accountable if:


  • Unlike an independent contractor or owner/operator, the truck driver works for the business.
  • The truck driver lacked a valid license and enough training.
  • The truck's upkeep and repairs are the trucking company's responsibility.


Your attorney can help establish the elements of negligence and make the company pay compensation.

5. Ascertain the Monetary Value of Recoverable Damages


The trucking firm may have to pay your continued medical expenses and lost wages during recovery.


Additionally, your attorney may seek payment for the following:


  • The price to replace or fix your damaged property.
  • The total amount of your lost earnings from all sources of income.
  • Travel expenses associated with treatment and supportive medical equipment.
  • Disabling or disfiguring injuries that might be temporary or permanent.
  • Constant suffering on all levels—physical, mental, and emotional.


Remember, wrongful death damages are available to families who lost a loved one in a deadly truck accident.

6. Obey the Necessary Statute of Limitations


The boundaries of your case, including how long you have to submit your possible lawsuit, are determined by the laws of the state in which your truck accident occurred.


The filing deadline may change based on the following factors, which your lawyer can explain:


  • How the accident turned out
  • The wounded party's age
  • The acts of the negligent party


You may be subject to extra notification and filing requirements if the truck involved in your accident belongs to the government or state.

7. File the Personal Injury Demand Letter


The big step is here. After gathering and examining the information, you and your legal team have enough to proceed with your claims. After that, your truck accident attorney will write and submit a personal injury demand letter to the insurance provider of the individual or firm that caused your truck accident injuries.


Most importantly, this letter lays forth a very specific "demand"—the sum of money that the harmed parties will agree to take to bring about justice.

8. Move Forward With a Settlement or Trial


Your demands are in front of the truck business. They now have the chance to examine the information and assess their position.


Depending on the situation, the trucker's insurance provider may take the following actions next:


  • Granting your requests and proceeding with an out-of-court settlement.
  • Making a counter-offer and negotiating the terms.


Negotiations will likely go back and forth a few times, like purchasing real estate. A lawsuit will only be filed if you cannot agree with the truck business and still feel that your requests, supported by your evidence and their response, are entirely legitimate.

9. Take the Agreed Compensation


You're ready to settle out of court now that you have sent your well-crafted letter to the at-fault party's insurance company through your truck accident lawyer. This compensation should be enough and leave all parties satisfied.

10. Proceed to Trial


In certain situations, a trial can be the best action for your truck accident lawsuit. Your truck accident attorney will need to take the insurance company to court if your demands are unmet or they refuse to compromise.

Wrapping up


Although submitting a truck accident claim could seem overwhelming, these steps simplify it. Knowing what to expect is essential for navigating the legal process, which includes anything from obtaining evidence and interacting with insurance companies to negotiating a settlement and maybe a lawsuit.

author

Chris Bates

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