What Is the Truck Accident Claim Process?
Being involved in a truck accident can be a traumatic experience. Unfortunately, truck accidents are quite common in the United States of America. According to the National Safety Council (NSC), in one year, more than 100,000 large trucks are involved in crashes resulting in injuries, and over 5,000 trucks are involved in crashes resulting in death. Fortunately, if you get in a truck accident because of another party’s negligence, you can file a claim against the negligent party and recover compensation.
If you recently suffered injuries in a truck accident, you may be wondering, “How does the truck accident claims process work?” Regardless of what kind of injury you suffered in your truck accident, the claims process is generally the same. One crucial thing you need to know is that going to court may not be necessary. Often, people assume that a truck accident case must go to court. However, many truck accident victims are able to recover the compensation they deserve without going through litigation. That said, it is crucial to note that every case is different.
Additionally, it is vital that you retain a skilled truck accident attorney. An attorney can reduce the pressure and stress associated with pursuing a truck accident claim and make a huge difference in maximizing your compensation. A skilled truck accident lawyer can guide you through each step of the claims process to help you successfully navigate your claim.
Below is a look at what the truck accident claims process typically entails;
Investigating and Gathering Evidence
After your truck accident attorney has filed a notice of intent to pursue a truck accident claim with the at-fault party’s insurance company, they will proceed to investigate your case and gather evidence. Pieces of evidence that can support your truck accident include the following;
- The police report
- Witness statements
- Pictures and videos of the accident scene
- Surveillance footage
- Medical records
- Cell phone records
- The truck driver’s logbooks
When it comes to truck accident investigations, it is crucial to begin investigations right away before evidence is damaged or altered. For this reason, you should contact an attorney immediately after your truck accident.
Filing a Demand Letter
After your attorney has thoroughly investigated your truck accident, they will write a demand letter and send it to the at-fault party’s insurance company. In the demand letter, your lawyer will detail the damages you have suffered due to the accident, such as medical expenses, lost wages, and pain and suffering. The demand letter will include an estimated value of your claim.
Negotiating With the Insurance Company
Next, your attorney will negotiate with the insurance company to reach a settlement offer. Often, you will need to go through several negotiation rounds before reaching an acceptable agreement. At every stage of the negotiation process, your attorney will advise you on whether a settlement offer is fair.
Going to Court
Finally, if you cannot reach an acceptable agreement with the at-fault party’s insurance company through negotiations, your lawyer may advise that you go to court. During litigation, your attorney and the defense attorney will each present evidence and a judge or jury will make the final decision.
Contact Us for Legal Help
Our Miami personal injury attorneys at The Pendas Law Firm can guide and support you throughout the truck accident claims process. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Tampa, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, Naples, Ocala, Orlando, Melbourne, Fort Myers, and Fort Lauderdale areas.
Source:
injuryfacts.nsc.org/motor-vehicle/road-users/large-trucks/