What You Need to Know About Filing a Personal Lawsuit After a Truck Accident

When a semi-truck is involved in a motor vehicle collision with a passenger vehicle, the results are often devastating. In many cases, the occupants of the passenger vehicle will suffer severe injuries that will change their lives forever. After a commercial truck accident, you will pursue compensation by filing a claim against the negligent trucker and other potentially liable parties. However, if the insurance company refuses to offer a fair settlement your truck accident lawyer may file a lawsuit on your behalf to help you recover maximum compensation for your losses.

Determining Truck Accident Liability 

Truck accident claims can be especially complex due to the severity of the injuries involved and other damages the accident victim sustains.

Additionally, multiple parties can be held at-fault, including:

• The truck driver
• The trucking company
• The company responsible for loading the truck
• The person or entity responsible for maintaining the truck
• The truck parts manufacturer

A truck accident lawyer can investigate the collision to identify all liable parties. When multiple parties are at fault it means multiple insurance companies will be involved, which can quickly make the claims process complex and overwhelming.

What Damages Am I Entitled to?

After a truck collision, an accident victim may be entitled to the following types of compensation:

• Pain and suffering
• Past and future medical costs
• Property damage
• Lost wages
• Lost earning capacity
• Loss of enjoyment of life
• Emotional distress
• Loss of consortium
• Scarring and disfigurement
• Loss of quality of life
• Permanent injury

And more.

An attorney will carefully investigate an accident and accurately value damages. If the accident victim was severely injured, an attorney may work closely with experts to determine the cost of future medical treatment.

Factors that can impact how much a claim is worth include:

• The accident victim’s age
• The severity of their injuries
• Their prognosis
• How much time they missed at work
• Value of property damage
• Whether the accident victim must change careers due to their injuries
• Whether the accident victim is able to return to work at all
• Whether the accident victim will require medical treatment for injuries related to the accident in the future

And other variables.

Negotiating a Fair Settlement 

Your truck accident lawyer will use the evidence they have gathered to build a strong case against the liable party. They will send a settlement demand package to the at-fault party’s insurance provider to kickoff settlement negotiations. Because commercial trucks are often insured for $750,000 to $1,000,000, the insurance companies will fight every step of the way to pay out as little as possible.

If the truck driver’s or trucking company’s insurance company refuses to make a fair settlement offer, your attorney may recommend filing a lawsuit.

Pursuing a Lawsuit Against the At-Fault Party

Filing a lawsuit is only done when an attorney believes their client stands a better chance of recovering the compensation they deserve by going to trial. Unfortunately, going to trial can be time-consuming and costly for all parties involved. During this time, a truck accident attorney will continue negotiating with the insurance company or defense attorney. This process can take several months up to a year. Fortunately, most truck accident cases are settled out of court. An insurance company does not want to spend time and money on a long and costly trial and will often be more willing to negotiate once a lawsuit has been filed.

Contact Us Today

If you were involved in a commercial truck collision contact the leading truck accident law firm in California today to schedule a free, no-obligation consultation. You can meet with an experienced lawyer to discuss your case, go over your legal rights and options, and find out how we can help you recover the fair settlement you deserve.