How is a Truck Accident Case Initiated?
Most people are aware that when you are involved in a serious commercial truck accident, you may have the right to substantial financial recovery. However, if an accident actually happens to you, chances are high that you might have no idea where to begin in initiating a truck accident case. The following is a brief overview of how truck accident cases begin and take shape.
Meet with a truck accident attorney
The first step in starting a truck accident case is to seek out assistance from a skilled personal injury attorney. Truck accident cases can be extremely complicated and trucking companies will usually work to avoid any liability and can be formidable opponents in a legal case. For this reason, you always want to have a lawyer with experience handling this type of claim and the adequate resources to pursue a case against the responsible parties. While it may seem easiest to simply call the number on the first commercial you see, choosing an attorney is for a truck accident case is an important choice and should be carefully considered.
When you call an attorney, you will meet with them or discuss your situation over the phone. The truck accident lawyer will listen to your account of the events that occurred, the injuries you sustained, the related losses you suffered, and more in order to determine whether or not you have a viable case against the trucking company or another party. Furthermore, this initial consultation is the time during which you should be deciding whether this attorney is the right one for you. If you decide to pursue the case together, you will sign an attorney-client agreement, which is an important contract.1
Claim with the insurance company
Before you charge into the courtroom with a lawsuit, your lawyer will likely first attempt to handle the case through the trucking company or truck driver’s insurance company. At times, with some adept negotiation, insurance companies will offer a settlement that is adequate to cover your losses and, if you accept, your case will end there. However, calculating losses can be complicated and insurance companies too often do not consider all possible losses when making an offer. If you receive an inadequate offer from the insurance company that does not cover all of the losses calculated by your attorney, you will likely have to pursue a legal claim in court.
File a personal injury complaint
A truck accident lawsuit begins by drafting and filing a document with the court called the “complaint” or “pleading.”2 This document must contain the following information and more:
– The party or parties against whom you are filing the claim
– Your cause of action (in a trucking case, this would be negligence)3
– A statement of facts showing why you believe that all the elements of a negligence claim are met
– How much damages you are seeking for your losses
A complaint often deals with technical legal issues and often requires a thorough investigation into the circumstances surrounding your accident. It will take time for your attorney to carefully research, investigate, and prepare your complaint so it is sufficient for you to pursue a claim. The other party will then have the chance to “answer” your claims and argue why they are not sufficient or viable. If a court finds that your claim adequately states your cause of action, your truck accident case will be formally initiated and the legal process will begin.
Call an experienced Clearwater, Florida truck accident attorney for assistance today
At the Dolman Law Group in Clearwater, our highly skilled truck accident lawyers can help you through every step of your truck accident case. Whether you are able to come to an arrangement with the insurance company or whether you have to take your case to court, our legal team will be committed to helping you receive the full amount of compensation necessary to cover all of your losses. We always strive to provide every client with individual attention so that you are aware of how every stage of your case is going. We offer free consultations with no obligation, so please do not hesitate to call today at 727-451-6900 for assistance.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756