Being injured in a truck accident is overwhelming and confusing. In addition to dealing with the physical implications of your injuries, there are often many financial consequences as well. These can include medical bills, lost wages due to missed work, transportation costs if your vehicle is out of commission, and many other unexpected expenses.
If you have been injured in a truck accident and another party was at fault, you may have the right to pursue financial compensation. Yet many people are worried about filing a claim because the prospect of going to court feels stressful.
However, it is important to note that litigation may not be necessary at all. A skilled truck accident lawyer might be able to resolve your claim with the at-fault party’s insurance company without going to court. In other cases, such as when these negotiations are unsuccessful, your claim may indeed have to go to trial. Fortunately, your legal team will take care of the necessary work to make that happen.
What Steps Do Truck Accident Claims Involve?
If you are considering filing a truck accident claim, your lawyer will handle the following steps:
- Gathering evidence – The aim of this step is to establish which party is liable for your accident or your injuries. The driver’s log can help provide valuable information about whether driver fatigue fatigue played a role.
- Carrying out an investigation – The purpose of the investigation is to determine the cause of your accident. The truck’s black box can help with this.
- Filing a demand letter – This letter will detail the extent of your losses, including a list of each of the damages you are claiming, as well as the impact the accident has had on your life. The demand letter will also outline your intentions to file a lawsuit if the claim is not fulfilled.
- Negotiating – We will enter into negotiations with the trucking company’s insurance company to obtain the compensation you deserve for your injuries and losses.
In many cases, claimants successfully recover the compensation they require from the insurance company. In other instances, the insurance company is not willing to accept the injured party’s demands. They may offer you lowball settlements that are insufficient to meet your expenses, or they might deny liability outright. In these cases, you will want to consider taking your case to court.
How Do Truck Accident Lawsuits Work?
When filing a lawsuit, you will no longer be dealing with an insurance agency. Instead, you will be filing your suit against the at-fault truck driver, their employer, and/or a manufacturer if faulty equipment led to your accident and injuries.
After the lawsuit is filed, the next step is called “discovery,” which is a phase in which the lawyers on both sides review the circumstances of the case, collect evidence, and exchange details about the accident.
A successful case will require that your lawyers:
- Provide evidence of liability and fault
- Demonstrate the nature and extent of your economic losses (medical expenses, lost wages) and non-economic losses (physical and psychological pain and suffering)
- Determine a financial figure representing the extent of your losses
- Establish that the other party should be held financially accountable for the expenses related to your accident
Your case’s success will depend on the discretion of the judge or jury hearing your trial.
What Damages Can I Claim in My Truck Accident Case?
Each truck accident case is unique, and the amount of compensation you will be able to recover will depend on the circumstances of your individual situation. In general terms, however, the types of damages truck accident victims are usually eligible to claim include the following:
- Current and future medical costs
- Lost wages
- Reduced earning capacity
- Property damage
- Physical and emotional pain and suffering
Depending on the details of your case, there may be additional expenses you are able to claim that are not included in the above list. As such, it is important to maintain documents of everything that relates to your claim. This includes bills, invoices, and receipts.
Contact a San Diego Truck Accident Lawyer Today
If you have recently suffered an injury in a truck accident, working with the experienced San Diego truck accident lawyers of Jurewitz Law Group Injury & Accident Lawyers can help give you the confidence that your case will be handled with the utmost care. We have recovered millions of dollars in damages for accident victims across Southern California, and we are ready to work to help you get the compensation you deserve, as well.
When you work with the Jurewitz Law Group Injury & Accident Lawyers lawyers, you pay no legal fees unless and until we have recovered financial compensation on your behalf. Call us at (619) 233-5020 to schedule a free consultation, and let us get to work for you today.