Knowing the path you should take after being injured in a trucking accident can be stressful. There are clear differences between insurance claims and lawsuits. Victims should take care in choosing which route is the best depending on the details of their case. This type of decision should be made with a truck accident attorney with experience in handling such matters. They will be essential in strategizing your case, providing you with legal advice and ensuring that the proper evidence is gathered to support your case.
Trucking Company Insurance Claims
Often insurance claims are the first place victims may pursue compensation following a trucking accident. Although a settlement with the insurance company may be a bit less than an award following a legal battle, the process can be less expensive and more timely a process. In some cases, it may make sense to pursue a lawsuit if you are unable to agree on a settlement with the insurance company. Depending on your injuries, and the strength of your case, your attorney may advise you to skip an insurance claim altogether by taking legal action. This should be carefully considered because doing so can put you at risk of walking away empty handed. You will want to be sure that your attorney can build a strong case for you.
Lawsuit Against the Driver and Trucking Company
If the driver or trucking company was negligent, you may choose to pursue a lawsuit. It can take longer to resolve a lawsuit against the defendant. However, a successful lawsuit can yield large levels of compensation. There are often a number of stages to the legal process, beginning with the discovery process in which the attorneys begin to collect evidence and gather information to argue their case. In most cases, the plaintiff and defendant may both be required to take part in a deposition. In a number of situations involving a lawsuit, parties are able to settle during mediations and negotiations. When this is unable to occur the case will likely go to trial.
The Proper Evidence
A key element to a successful trucking accident claim is ensuring that you have the necessary evidence to support your case. Not only is evidence vital in proving damages, it is also essential in proving the truck driver’s negligence. Your attorney can work with you to gather the following evidence for your case:
- Witnesses present at the time of the accident
- A background check of the truck driver
- Photographs or videos from the accident scene
- Police Reports
- Medical Documentation
- Medical Bills
- Drug and Alcohol Testing of the Trucker
- The truck’s log
- Information regarding the truck’s condition
By gathering as much information as you are able to obtain, you and your attorney can begin to build a strong case. Your attorney will work to use the evidence collected when negotiating your settlement with an insurance adjuster or litigating your case in court.
The process of pursuing compensation can be cumbersome without an attorney. You will want to focus on your recovery so that you are able to heal as quickly as possible. Take the time to meet a truck accident lawyer Richmond, Virginia trusts to sort through the best course of action when pursuing compensation for the damages you have suffered.
Thank you to our friends and contributors at MartinWren, P.C. for their insight into truck accidents and insurance claims.