You do not generally have to go to court for a truck accident. In fact, the American Bar Association (ABA) states that very few lawsuits go to trial, with most settling before the plaintiff has to go to court. If you are offered a settlement amount that you and your lawyer view to be fair, then you will not necessarily have to go to court.
Not having to go to court may be your preference. A settlement may take less time to obtain than a judgment that comes after a trial is completed. You may also not want to go to court because of the effort that doing so may require of you.
This is why your lawyer will work to seek a settlement that compensates you for your losses.
A Settlement May Be a Positive Outcome for You
Your lawyer will proceed to fight for your compensation by taking the following steps:
- Pursuing an insurance settlement
- If an insurance settlement offer is not acceptable, filing a lawsuit
Your lawyer will have a compensation figure ready when they negotiate with an insurance company. They will seek compensation from those parties to cover the cost of your accident-related losses.
How Your Lawyer Can Seek an Insurance Settlement
An insurance settlement may come from negotiations between your lawyer and one or more insurance companies. After your accident, the insurance company for the at-fault party (or your own insurance company, if the at-fault party lacked insurance) may offer you a specific amount of compensation.
If the amount of compensation that an insurance company offers you is not in line with your losses, then your lawyer may reject the offer. At this point, they may begin negotiating for more compensation than the insurance company’s offer provided.
If your lawyer is able to convince the insurance company to provide more compensation, then you may resolve your claim with an insurance settlement.
Pursuing a Lawsuit
While you do not typically have to go to court for a truck accident, if your lawyer does not reach a compensation agreement with an insurance company, then they may proceed with a lawsuit. Just as you may have reasons to avoid going to court, the defendant in your case may also want to avoid a trial. Their reasons may include:
- The time it can take to complete a trial
- The effort that may be required to go to court
- The possibility that a jury will award you more compensation than they might have to pay through a settlement
These reasons help explain why you do not generally have to go to court for a truck accident—all parties may benefit from avoiding a trial. A lawyer will be prepared to litigate your case if necessary. Much of the evidence needed to pursue an insurance settlement will be used in a court trial as well.
Why You May Be Entitled to Pursue Compensation
Truck accidents may cause significant harm to victims. As someone who was injured in a truck accident or lost a loved one because of a truck accident, your losses may entitle you to seek compensation.
Medical costs alone can be enough to cause you serious financial harm. The Federal Motor Carrier Safety Administration (FMCSA) explains that truck accidents causing injuries have a total financial impact of $200,000 on average. For fatal accidents, the cost is $3.6 million per accident.
Some of the types of losses that may contribute to these total financial costs are:
- The loss of productivity when victims are unable to work, sometimes permanently
- The cost of emergency medical treatment, hospitalization, and other medical expenses
- The cost of physical and psychological rehabilitation for trauma
Pain and Suffering
Other losses such as past and future pain and suffering can certainly have a great impact on your life. Your lawyer will review and document your losses to the extent that they can be documented and will use their records of your losses to negotiate a settlement.
Liability for truck accidents may be different than other accident types. A truck driver may be personally liable, but other parties like the truck driver’s employer and their parent company could also be responsible. Parties like vehicle manufacturers, freight packers, or a government entity could also be liable under certain conditions.
Call an Attorney at Bernstein & Poisson Today
You may have a limited period to bring a lawsuit after a truck accident, and so you may want to call the team for a truck accident lawyer as soon as you can. Call one of our lawyers today at (702) 633-3333 to learn how we may begin building your Las Vegas case.