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Free Consultation | Truck Accident Lawyer | 2024 Claim Guide
A truck accident lawyer is a personal injury attorney who focuses specifically on cases involving truck accidents. They advocate for individuals who have sustained injuries because of another party’s negligence in a truck-related incident. If you’re thinking about hiring a lawyer, it’s crucial to grasp the specific role and expertise of a truck accident lawyer.
Truck accident lawyers are experts in tort law
Truck accident lawyers operate within the realm of tort law. With truck accidents, a tort is defined by Justia as a “private or civil wrong or injury” that can be addressed through financial compensation for the damages incurred.
When negligence in a truck accident results in injuries, the affected individual may seek compensation from the responsible party. The primary aim of tort law is to restore the injured party to their original state as much as possible. Therefore, truck accident assist victims in securing compensation for their losses and damages.
Truck accident lawyers assist victims in obtaining compensation for various types of damages, including:
- Current and future medical expenses
- Lost wages
- Loss of earning capacity
- Damage to the vehicle
- Emotional distress
- Physical pain and suffering
- Wrongful death
While personal injury lawyers handle a broad range of cases such as car accidents, bicycle accidents, bus accidents, dog bites, animal attacks, slip and fall incidents, medical malpractice, and wrongful death, truck accident lawyers focus only on cases involving truck-related incidents.
What Exactly a Truck Accident Lawyer does
A truck accident lawyer manages a wide range of tasks for their clients, as truck accident cases are complex from a legal standpoint. Unlike other injury accidents, truck accidents can involve multiple parties and various insurance companies, adding layers of complexity to the claims process.
Truck accident lawyers oversee every aspect of a case from inception to resolution, which may sometimes involve a trial. Here are some specific responsibilities a truck accident lawyer undertakes when handling a case:
Investigating Truck Accident Cases
When a potential client approaches a truck accident with their case, the lawyer will review the details to assess the strength and validity of the claim.
Most truck accident operate on a contingency fee basis, meaning they only get paid if they successfully secure a settlement or award for their client. This arrangement means their compensation depends on winning the case and the amount of the settlement or award they achieve.
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Gathering Evidence for Each Claim
Once a truck accident lawyer agrees to represent a client, they will start the investigative process, which may involve:
- Visiting the accident site
- Reviewing photos of the scene or arranging for a photographer to take new ones
- Interviewing witnesses and collecting their statements
- Examining any available camera footage
- Assessing damage to the vehicles involved
- Reviewing the client’s medical records and expenses
The lawyer will then build the case by considering the client’s overall damages and other pertinent details about the accident.
Sending Demand Letters
Following the investigation of a truck accident, the lawyer may issue a demand letter to the insurance company of the party at fault. This letter will detail the specifics of the accident and request a specified amount of compensation for the victim’s damages.
Negotiating with the Insurance Companies
Negotiation is a critical advantage of having a truck accident lawyer. After an accident, insurance companies for the at-fault parties often reach out to the victim quickly, which can be problematic. These insurers are adept at minimizing payouts and may offer a settlement that is far below what is fair or necessary.
Most injury victims lack the experience of negotiating effectively or safeguard their legal rights when dealing with insurance companies. In contrast, seasoned truck accident lawyers regularly handle negotiations and communications with insurers.
A truck accident lawyer will examine the insurance policy, thoroughly evaluate the victim’s damages, and handle all communications with the insurance companies. Their goal is to negotiate a fair settlement that fully addresses the victim’s losses.
Preparing Complaints
Many times, a truck accident lawyer successfully negotiates a favourable settlement with the insurance company, concluding the matter and securing compensation for the injury victim.
If the insurance company refuses to negotiate, the lawyer may then file a complaint against the at-fault party. This complaint is an initial legal document in a truck accident lawsuit. Once filed, the at-fault party has 30 days to respond.
Initiating Discovery
After a lawsuit is filed, a truck accident lawyer will start preparing the case as though it will trial. While many truck accident cases settle before reaching court, a skilled lawyer will be ready for any eventuality.
To prepare for the discovery phase of the lawsuit, the lawyer will collect evidence, review relevant case law, and develop legal strategies related to the accident. They may also interview and depose witnesses, draft legal documents, and prepare discovery requests.
Providing Representation at Trial
If a truck accident case trials, the truck accident lawyer will represent the client in court. An experienced lawyer will be well-versed in all aspects of the trial process.
Additional Skills Required for a Truck Accident Lawyer
A truck accident lawyer must handle strict deadlines, extensive research, and frequent communication with their clients. They also need strong skills in speaking, negotiation, and time management to effectively manage their cases.
Despite the demanding nature of the job, skilled truck accident lawyers find fulfilment in their work as it enables them to help truck accident victims secure the compensation they need and deserve.