If you or someone you love was injured in a recent truck accident, you can hold the at-fault party accountable for their actions. A local law firm will review your accident and determine the monetary value of your case. They will take on the insurance company and fight hard for the best possible outcome for you.
Your lawyer will explain the eight factors that can impact your truck accident case. They will also explain the strategy they will follow to recoup the costs of your post-accident treatment, lost wages, and pain and suffering.
Identifying The At-Fault Party in Your Truck Accident Case
Recovering damages via insurance claims after a truck accident can be tricky since one or more persons or entities can bear financial liability, including:
- The trucker
- Their employer
- The repair shop
- The cargo loader
- The truck’s manufacturer
- Parts’ manufacturers
- A municipality
- Government agency
Your personal injury lawyer will take on the at-fault party and their insurance company. If compensation will come from more than one liable party, your lawyer will not hesitate to pursue every available avenue for financial recovery.
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Collecting Evidence That Proves the Cause of the Accident
Your evidence collection is essential to the effectiveness of your case. It should include your police report, medical records, written prognosis, and injury and accident scene photos. Your lawyer will also collect lay and expert witness statements, first responder reports, the trucker’s logbooks and driving history, and the truck’s repair and maintenance records.
Evidence of the accident’s costs will include your employment and salary history records and receipts and estimates for repairing or replacing your damaged or destroyed vehicle.
The Extent and Severity of Your Truck Accident Injuries Will Impact Your Case
The difference in size and weight between your smaller car and a much larger and heavier truck means you are more likely to sustain serious injuries than the occupants of the truck. Commonly reported truck accident injuries include:
- Head and brain injuries
- Serious burns
- Limb and digit injuries
- Back and spine injuries
- Internal injuries
The costs of your treatment plan and the physical and emotional toll the injuries take on you will influence the amount of your compensation request. It will also influence the time it takes you to reach maximum medical improvement.
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The Outcome of the Case Will Determine the Appropriate Filing Deadline
The filing deadline, or statute of limitations, is a crucial part of your case. If your lawsuit is not filed by the deadline, you will lose the right to file at all, and your right to compensation will be at risk.
While mandatory, compliance with the statutory date can be challenging since it can change based on the injured party’s age and the outcome of the accident. Certain types of evasive actions taken by the at-fault party will also influence the filing deadline.
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The Monetary Value Assigned to Your Damages Is Critical
You can recover up to three types of damages after a truck accident, depending on its outcome. Recoverable economic damages include medical bills, lost wages, loss of the ability to earn in the future, and property damage, replacement value, or diminishment.
Your recoverable non-economic damages include physical disability, physical disfigurement, pain and suffering, mental anguish, emotional distress, and loss of enjoyment of life.
Wrongful death damages for families who lost a loved one in a truck accident include funeral, burial, and cremation costs. They also include the loss of your loved one’s income, domestic support, and loss of consortium, companionship, guidance, and support.
Hiring a Truck Accident Lawyer Can Have an Important Impact on Your Case
The injuries you sustain in a truck accident require time, attention, treatment, and rest to foster an optimal recovery. While you focus on getting better, your lawyer will:
- Investigate every aspect of the accident
- Gather physical evidence and documents
- Complete and submit insurance claim forms
- Draft and file your insurance claim or lawsuit
- Handle all case-related communication
- Consult with and hire expert witnesses
- Clarify legal and insurance language
- Interview lay accident witnesses
- Negotiate a fair and appropriate settlement
Your lawyer will provide you with regular updates on the progress of your case, so you are not left wondering about its outcome. Hiring a lawyer will also signal to the insurance company that you take your claim and financial recovery seriously.
The Cost of Hiring a Truck Accident Lawyer Can Influence Your Decision
No one should take on an insurance company or avoid hiring a lawyer out of concern for what it will cost. In most cases, a personal injury lawyer will represent you on a contingency fee basis. They will:
- Charge nothing upfront or out of your pocket
- Accept a percentage of your award as compensation
- Cover all the costs of preparing your insurance claim
If your lawyer does not achieve a settlement or verdict, you will owe no legal or attorney’s fees at all. A contingency fee agreement would also support meeting the applicable filing deadline since you will not have to delay getting started.
The Importance of Understanding the Type of Truck Accident You Were In
No two truck accident cases are the same because no two truck accidents are exactly alike. The type of accident you were in—how the truck collided with your smaller car—will impact how you were injured, how your car was damaged, and the amount of compensation you can recover.
Truck accident types include rollover accidents, rear-end collisions, head-on collisions, jackknife accidents, T-bone accidents, side impact accidents, and wide turn accidents. Your police report, the condition of your car, and the damage report for your vehicle will identify the accident type.
Get Help Pursuing Compensation After a Truck Accident
If you or someone you love was injured in a truck accident, you are entitled to compensation for your injuries and related expenses and losses. Our truck accident lawyer will explain eight important factors that can impact your truck accident case. We will review the details of your accident at no cost or obligation and recommend the best course of action.
Get your personal injury case started today by contacting one of our case evaluation team members at Kaine Law.