Settling a truck accident claim can be challenging. Victims need to understand that the process takes time. An attorney cannot say how long it will take but expect it to continue for an extended period. The severity of the accident and the many components that may play a role in the resolution make handling this matter more complex. Why is this the case?
Severe Injuries
Truck accidents typically result in severe injuries. The significant discrepancy in size between the vehicles means that those in passenger cars often have extensive injuries that require months or years to heal fully. Victims should consult with a semi-truck accident lawyer to ensure they receive fair compensation for these injuries and the accompanying consequences.
Attorneys tell their clients that they shouldn’t settle claims until all victims fully recover or achieve maximum medical improvement (MMI). Before this stage has been reached, a person must know the full extent of the injuries and the impact the injuries will have on their lives. They need this information to determine a fair compensation amount.
Once the case has been settled, victims cannot request additional funds. In the eyes of the law, the matter is resolved, and the case is permanently closed. The victim becomes responsible for any further medical bills related to the accident.
Investigating the Accident
Trucking companies and their attorneys do everything possible to avoid accepting responsibility for these accidents. They attempt to blame the victim for the accident so they or their insurance company will not have to pay. Sometimes, the court will find the victim partially responsible and the trucker partially accountable. When it does, the victim may receive less compensation.
Victims must gather evidence to prove they were not at fault for the accident, and an experienced attorney can help them obtain this proof. The attorney sends the trucking company and their insurer a spoliation letter to preserve all evidence related to the crash. This letter may list specific pieces of evidence or make a general request. Once the letter has been sent, the company must turn this evidence over or go to court and explain why it refuses to comply.
Accident Reconstruction
The attorney might also hire an expert to reconstruct the accident. The expert gathers evidence from the scene and recreates the incident to determine what caused the accident and who is to blame. Based on the expert’s findings, additional parties might be named in the suit. This individual might determine that a street sign was missing, vegetation was covering a sign, or something of that nature played a role in the accident.
Negotiating a Settlement
When MMI has been reached, the attorney begins negotiating a settlement with the trucking company and its insurer. This process starts with a demand letter with a specific amount requested for compensation. The insurance company may not respond for various reasons. Negotiations begin if no response is given or the insurer comes back with a counteroffer. They continue until both parties are satisfied. If an agreement cannot be reached, the attorney files a lawsuit.
Victims of truck accidents must understand that settling the claim takes time. It will take time to happen, and depending on the case’s complexity, it may drag on for years. Talk with the attorney about financial concerns during this period, as they can make suggestions on how to survive until the claim is settled. Avoid settling early, as doing so could lead to less compensation than is deserved. It’s worth it in the long run to fight this battle until the end, as the truckers must be held responsible for what they have done and the impact they have had on the lives of others.
