A truck accident lawyer falls within the purview of personal injury attorneys, specializing in cases arising from truck accident attorney. They represent those who have sustained injuries due to the negligence of another party during a truck accident. If you’re contemplating availing the services of a lawyer, comprehending precisely what a truck accident lawyer does becomes crucial.
Truck accident attorney specialize in the realm of tort law, specifically in the context of truck accidents. According to Justia, a tort in the context of truck accidents refers to a “private or civil wrong or injury” remediable through compensation for damages.
When someone’s negligence in a truck accident leads to injuries, the aggrieved party can seek compensation from the negligent party for their losses. The primary objective of tort law is to “make whole” the injured party. Consequently, truck accident attorney collaborate with injury victims to secure compensation for the damages they have endured.
The damages that truck accident attorney assist victims in receiving include:
- Medical expenses (both current and future)
- Lost wages
- Loss of earning capacity
- Vehicle damages
- Emotional distress
- Physical pain and suffering
- Wrongful death
Personal injury attorneys may handle various other types of cases, encompassing car accidents, bicycle accidents, bus accidents, dog bites, animal attacks, premises liability accidents (slips and falls), medical malpractice, and wrongful death. Thus, truck accident lawyers are a subset of personal injury attorneys focusing specifically on truck accident cases.
What precisely does a truck accident attorney undertake?
Numerous factors influence the myriad responsibilities shouldered by a truck accident lawyer on behalf of their clients. While any injury-related accident can prove complex, truck accidents, from a legal standpoint, are notably intricate. Multiple parties may bear responsibility for the truck accident, consequently leading to several insurance companies to file claims against.
Truck accident attorney handle truck accident cases from inception to potential trial. Below are specific actions a truck accident may instigate when working on a case:
Case Investigation: When a potential client approaches a truck accident attorney with their case, the lawyer scrutinizes the details to determine its solidity and validity. Given that most truck accident lawyers work on a contingency basis, ensuring a case has favorable winning prospects becomes paramount before taking it on. “Contingency” denotes that the lawyer only receives payment if they secure a settlement or compensation for the client. Their earnings hinge on whether they achieve monetary success and how much they secure.
Evidence Compilation for Each Claim: Once a truck accident lawyer decides to take on a client’s case, they embark on an investigative journey. This may involve:
- Visiting the truck accident scene
- Reviewing photographs of the accident scene (or commissioning a photographer for images)
- Contacting witnesses and obtaining statements
- Scrutinizing camera footage
- Vehicle damage assessment
- Reviewing the client’s medical reports and expenses
The lawyer begins constructing a case based on the client’s total damages and other accident details.
Issuance of Demand Letters
Post-investigation, a truck accident attorney might dispatch a demand letter to the insurance company of the culpable party. This missive delineates the collision’s facts and stipulates a specific compensation amount for the victim’s suffered damages.
Negotiation with Insurance Companies
Negotiation stands as one of the pivotal aspects of having a truck accident lawyer. Insurance companies of at-fault parties often attempt to engage with the truck accident victim shortly after the incident, posing potential risks. Insurance companies excel at finding avenues to minimize payouts in a truck accident claim and typically present a low settlement offer, if any.
Most injury victims lack the acumen to negotiate or safeguard their legal rights when communicating with insurance companies. However, experienced truck accident lawyers routinely negotiate and liaise with insurance companies.
A truck accident attorney scrutinizes insurance policy details, accurately tallies the victim’s damages, and manages all communication with insurance companies. Their objective remains securing a genuinely fair settlement that adequately covers the victim’s damages.
In instances where insurance companies prove unreceptive to negotiation, a truck accident lawyer may file a complaint against the at-fault party. The complaint constitutes one of the initial documents filed in a truck accident lawsuit. Upon dispatching the complaint, the at-fault party typically has 30 days to respond.
Commencement of Discovery
Once the lawsuit is filed, a truck accident attorney specializing in truck accidents commences preparing the case as if it were headed for trial. While many truck accident cases still resolve before reaching court, an experienced lawyer recognizes the need to be prepared for any eventuality.
In preparation for the discovery phase of the lawsuit, a truck accident lawyer gathers evidence, explores relevant legal precedents, and initiates the formation of legal theories related to the accident. They may also interview and depose witnesses, draft pleadings, and prepare discovery requests.
Providing Representation in Trial
If a truck accident case proceeds to trial, a truck accident attorney assumes the role of representing their client in court. An adept lawyer versed in truck accidents is well-versed in the intricacies of each stage within the judicial process.
Additional Skills Required by a Truck accident attorney
The multifaceted role of a truck accident lawyer frequently entails adherence to strict deadlines, extensive research, and regular communication with injured clients. Exceptional verbal communication, negotiation, and time management skills are prerequisites for achieving success in these cases.
While the profession can be demanding, accomplished truck accident attorney derive satisfaction from their ability to aid truck accident victims in obtaining the financial restitution they need and deserve.