You can sue for a rear-end truck collision, but you may want to consider whether a lawsuit is the most appropriate action before doing so. There may be benefits to suing rather than taking other actions such as an insurance claim, but every truck accident victim should consider their options individually.
Your lawyer will provide their advice about whether suing is the most appropriate option based on your circumstances. If it is, then you may choose to have a lawyer file and complete a lawsuit on your behalf.
The Potential Benefits of a Lawsuit
There are numerous reasons why you may choose to bring a lawsuit rather than filing an insurance claim. Keep in mind that you may take different approaches to seek compensation depending on who is at fault for your accident, the insurance coverage of the liable party, the costs of your losses, and other factors. When it comes to the merits of a lawsuit, benefits may include:
- Suing may entitle you to seek greater compensation than insurance will provide
- Suing may entitle you to pursue compensation for non-economic losses, which could include compensation for past and future pain and suffering
- You may be able to collect compensation even if an at-fault party lacks insurance
You can sue for a rear-end truck collision. However, you may choose to file an insurance claim instead, if doing so could provide all of the compensation that you need to cover your losses.
Possible Benefits of Filing an Insurance Claim
An insurance claim may be a way to pursue compensation for some victims of rear-end truck collisions. Some reasons why a victim may choose to file an insurance claim rather than a lawsuit include:
- The insurance process may be less complex than a lawsuit (though this may not always be the case)
- Insurance companies may provide a fair amount of compensation without having to go through a court process
- Insurance companies may be contractually obligated to pay for your losses
Victims who file insurance claims are not always paid as they should be. Truck accident victims may experience difficulty obtaining the compensation they need, and hiring a lawyer could help them negotiate for fair compensation.
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Truck Accident Victims Can Turn to a Lawyer for Help
The Insurance Institute for Highway Safety (IIHS) explains that passenger vehicle occupants involved in a truck accident may be more likely to suffer severe consequences or deaths because their vehicles generally weigh far less than trucks. Accidents that produce injuries may also produce great financial loss.
You may be in a difficult position as a truck accident victim. While you may be in need of compensation to cover your losses, your injuries could make it difficult for you to complete a lawsuit or insurance claim on your own. You can turn to a lawyer for help.
A lawyer will do what is necessary to pursue a lawsuit or claim for you or your loved one. They may help you in the following ways:
Communicating and Negotiating with the Insurance Company
A lawyer will be able to handle all the communication involved with filing an insurance claim on your behalf. They will manage any necessary negotiation and represent your interests before the insurance company. They will handle phone calls, emails, or other attempts to contact you.
Communicating with any third parties is something your lawyer can manage for you. An attorney can also help you determine when the insurance company will not offer a fair settlement and when it may be most appropriate to sue.
Documenting and Calculating Your Losses
Documenting your accident can help show how your injuries happened and documenting your losses may prove how your accident has affected you. Losses from a truck accident may be documented in several ways, including through:
- Medical bills
- Medical scans and tests
- Doctors’ written description of your injuries
- Proof that you cannot work
- Past income statements that show how much income your injuries have cost you
Your lawyer will make the case that one or more parties have caused these and any other losses that you have endured. Some losses may not have an obvious monetary value, but your lawyer will determine how much those losses—like past and future pain and suffering—are worth.
Insurance claims and lawsuits may entitle victims to seek different forms of compensation. The type of losses that you have may help determine whether your lawyer will seek awards through a lawsuit or an insurance claim.