If you have been injured in an accident involving a commercial truck, you may well be entitled to collect damages from the responsible party or parties. Unfortunately, it may seem like the process to actually get the money you deserve is too lengthy and complicated to pursue.
An insurance company may be counting on your reluctance to go through the process of filing a lawsuit. They may offer you a lowball settlement in the hopes that you will take it instead of seeking more substantial compensation for the injuries you have suffered.
We’ll admit that the process of seeking damages can be lengthy. But it is far from impossible—especially when you have the expertise of an experienced personal injury attorney who is working on your case.
Let’s take a look at the process.
First Steps: The Three “I”s
The early part of the process of filing a truck accident case involves three steps:
- Initial consultation. This free, no-obligation conversation with an attorney will include a discussion of how the accident happened, who may have been the responsible party, what injuries you sustained, and the compensation to which you may be entitled.
- Investigation. Your attorney will investigate the accident in great detail, gaining access to the police accident report, eyewitness statements, photos and videos of the accident scene, and information and images related to your injuries and the treatment you received.
- Insurance company negotiation. Armed with all the evidence related to your case, your attorney will begin a negotiation process with the insurance company of the at-fault party. They will lay out the details of the case and seek a fair settlement. This process may involve some back-and-forth—and may end in a positive result for you. If it doesn’t, it’s time for the next steps.
From Filing to the Finish
Your lawyer will file a complaint on your behalf detailing the accident and your right to compensation. The at-fault party will have the opportunity to respond to the complaint.
Notably, negotiations toward a settlement may, in fact, continue even as the process moves toward a trial. In some cases, an insurance company may decide to make a more equitable offer in order to avoid ending up in a courtroom.
Meanwhile, the case will move to the discovery stage during which the lawyers on both sides will share information with each other about the case. This may include depositions during which you and/or the other party will be asked to give testimony under oath. This process ensures that everyone is working from the same set of foundational facts—and prevents any dramatic surprises during the trial.
The next step is the filing of pretrial motions. These motions are intended to cause the judge to issue orders related to your case that will improve your chances of winning. Of course, the other side can file motions, too—including a motion to dismiss the case. If your attorney has done their job well, this motion will be denied.
Remember, through all of these steps, negotiations toward a settlement may be ongoing. But if a deal doesn’t materialize, the next step is the trial. At trial, attorneys on both sides will present their arguments, question or cross-examine witnesses, and challenge the arguments made by the opposing lawyers. When that process is complete, a judge or jury will determine whether you are entitled to compensation—and if so, how much.
If You’ve Been Injured, Contact Our Flagstaff Truck Accident Attorneys Today
Once you take the important first step of consulting with a personal injury attorney, you will have an ally who will help you navigate the journey from investigation to the final result—and who will argue vigorously to ensure you receive the compensation to which you are entitled.
The lawyers of Griffen & Stevens have the expertise and the determination to make sure you are not taken advantage of after a truck accident. And because we work on a contingency basis, you don’t pay us unless we win your case. If you’ve been hurt, contact us for your free consultation.