Have you ever sustained injuries due to an accident with a commercial vehicle? If yes, you may be eligible to receive suitable compensation for your personal injuries and losses.
Like in most personal injury cases involving automobile accidents, the chief legal theory of liability in truck accidents is also negligence. The claimant needs to prove the truck driver’s fault to get compensation. It is advisable to have experienced attorneys from MG Law by your side to ensure all your rights are protected. Let us look at the various aspects of how a truck accident claim works.
Understanding Truck Accident Claims
Truck accident claims and litigations are multifaceted processes that involve the following:
- Gathering sufficient evidence to prove the negligence of the defendant
- Identifying a liable party for your injuries or accident
- Investigating the accident to find out how it occurred
- Filing an injury demand letter while working to have a settlement with the defendant
- Negotiating with the defendant’s insurance agency to reach a settlement
There is no set standard as to how much time it will take to resolve the accident claim. In some cases, it may only take a couple of days, whereas, in others, the claim process may take months to resolve.
Every state has a statute of limitations that determines the timeframe after the accident when you can file for a lawsuit. If you do not act within this period, you may be unable to pursue reimbursement for your injuries.
How do Truck Accident Claims work?
In most cases, the claimant needs to send an injury demand letter to the defendant’s insurance company. Typically, this letter comprises the following:
- The extent of your injuries and losses
- The impact of the accident on your life
- List of incurred damages
- Your intentions to file a lawsuit if the request is not fulfilled
All these things help the insurance company to determine a fair settlement offer.
In most cases, the recovery process ends here as the insurance company agrees to a fair settlement. However, sometimes, the insurance companies do not have people’s best interests in mind. In such cases, the claimant can file a lawsuit and take the case to court.
What Are The Recoverable Damages in a Truck Accident?
Now that you know how truck accident claims work, it is time to look at the damages you can pursue. When it comes to establishing a settlement offer, you must keep in mind both economic and non-economic damages.
Either through an insurance settlement or court litigation, you can recover the following type of damages:
- Medical costs incurred
- Lost wages due to the accident
- Property damage
- Pain and suffering after the accident
- Diminished capacity to earn
- Emotional distress and mental trauma
- Any permanent disability
A good attorney can help you identify all your injuries and losses and determine an accurate settlement offer. He can negotiate with the defendant’s insurance company and other parties on your behalf and try to settle without filing any lawsuit.