Truck accidents are often deadly and involve catastrophic injuries such as brain and spinal cord trauma that forever change your life. Lawsuits for victims of truck accidents have many moving parts and may take years to resolve, but there are statutes of limitations as to how long you have to file a claim for your injuries or the wrongful death of a loved one. That's why it's essential to get the process started as soon as possible.
Phase One: A Free Case Evaluation
Most truck accident attorneys offer a free case evaluation where you can discuss the details of the crash and figure out the amount of negligence for all parties involved. Determining negligence is a vital part of this step because you can’t file a claim without evidence establishing fault. Truck drivers work long hours, which means drowsy driving is at the top of the list for reasons for commercial truck accidents along with distracted driving, speeding, and driving under the influence of alcohol or drugs. Vehicles that are overloaded or poorly maintained also cause accidents on roadways across the United States.
Phase Two: Filing Your Truck Accident Claim
You can handle this step on your own, but our accident lawyer recommends getting a complimentary consultation first because you don’t want to unintentionally harm your claim or settle for far less than you’re owed. Trucking companies are required to carry insurance that covers a variety of circumstances, but sometimes that payout doesn’t meet all of the medical expenses, pain and suffering, and other damages. A truck accident lawyer will make sure you get a fair settlement. The phases of your truck accident lawsuit may end here if all parties come to a settlement agreement.
Phase Three: Filing a Truck Accident Complaint
If the insurance company offers an unjust settlement, we will proceed with filing a complaint within the courts. During this step, we will name the defendants and explain to the court what happened and provide evidence supporting your claim. The defendants (often the trucking company, driver, or insurance provider) will have a chance to go over the documents and respond to the complaint. Both sides have the opportunity to meet and file motions, which can take time.
Phase Four: Discovery and Compiling Evidence
This step in a truck accident lawsuit requires lots of legwork—Depositions, admission, document requests, and exams by independent medical examiners and other professionals. The goal is to allow both you and the defendant to look over the evidence and determine whether or not to proceed to trial or continue settlement negotiations. Settlements can be agreed on during any of these phases in your truck accident claim.
Phase Five: Going to Trial for Truck Accident Injuries & Death
When both parties can't agree on a fair settlement for the injured or surviving family members of the deceased, we proceed by going to trial where our truck accident lawyer will present your case in front of a judge or jury who will then decide on the amount of compensation.
Contact a Truck Accident Attorney in Fishkill Today
Our attorneys at The Maurer Law Firm believe that winning your case is the only option, and we have reached many successful verdicts for our clients who were injured in a truck accident or another personal injury incident. Contact our Fishkill office today at (845) 896-5295 to schedule your FREE consultation. We serve clients in nearby Hudson Valley areas including Beacon, Lagrangeville, and Myers Corner.