Do You Have to Go to Court for a Truck Accident?

Victims of truck accidents do not always need the court system to recover their losses. Realistically, most auto accidents settle during the claims process before seeing the inside of a courtroom. If you have questions about the options available, an experienced truck accident lawyer can help you understand what you need to build a solid case for compensation. You have a right to hold the at-fault party from your collision responsible for their actions and the losses they caused.

Why Do Most Truck Accident Cases Settle Before Going to Court?

Like nearly all auto accident cases, most truck accident cases typically settle without going to court because it is the better option for all parties involved. A trial is often lengthy and can quickly become expensive for everyone involved. Defendants generally want to avoid paying a costly lawyer and court fees for an extended period when they could settle and put it all behind them. When you have a solid case with substantial evidence, the chances of settling faster at a fair amount are significantly higher. Additionally, suppose the defendant in your case is a large company, such as the truck driver’s employer or the truck manufacturer. In that case, they often want to settle claims and lawsuits quickly and quietly to avoid bad publicity.

When a Settlement Can Occur

You have the right to accept a settlement from the moment you file an insurance claim until the seconds before the jury announces a verdict in your case. However, it is essential to note that once you officially accept an offer from the insurer, you cannot file a lawsuit or another claim. For this reason, ensuring you adequately value your losses, including any future damages, such as ongoing medical treatments or lost wages, is pertinent. You could benefit from speaking with a truck accident lawyer to ensure you value your claim adequately. They can help you identify the current and future damages in your case and ensure no one takes advantage of your vulnerable position.

Insurance Company Bad Faith Tactics

Once you file a claim, be mindful of how the insurance adjuster interacts with you. Sometimes they will act in bad faith to avoid paying an adequate settlement. Some common signs of unsavory tactics include:

• Avoiding communication by ignoring your calls, messages, or emails
• Offering an insulting low payment for your claim
• Denying your claim without providing an explanation or giving a bogus explanation
• Addressing you aggressively, using accusatory language on recorded calls to trick you into admitting liability
• Making unreasonable requests for documentation each time you try to get answers
• Delaying their independent investigation into your case
• Changing the policy’s wording to make it favor the company over the client

Most of these tactics are an effort to frustrate you into submitting to a low payout or to drag out the claims process until the statute of limitations to file a lawsuit ends. The statute of limitations is a state-mandated law that limits the time you have to hold the defendant accountable through civil court. In Utah, you have four years from the date of the accident for an injury claim and three years for property damage. In Texas, the time limit for both is two years. If you suspect the insurance company of using bad faith tactics and violating your right to compensation, you will likely benefit from contacting a truck accident lawyer immediately.

What Determines the Value of Your Claim?

The value of any personal injury claim lies in the proof of compensatory damages. You must prove that the defendant more likely than not caused the accident that resulted in your injuries and damages. Those damages can be economic or non-economic.

Economic Losses

Anything that caused you necessary monetary loss as a direct result of the accident is potentially recoverable. Examples include the following:

• Necessary medical care. In medical expenses you incurred, including emergency services, medications, hospital and doctor visits, surgeries, medical devices, and rehabilitative services, are all recoverable.
• Income lost. Suppose your injuries required you to miss work or resulted in a disability that inhibits your capacity to do the job you did before the accident. In that case, you can claim those financial losses and recover them in full.
• Damaged property. You can claim the cost to repair or replace your vehicle and any other property damaged during the accident.
• Replacement services and out-of-pocket expenses. If you need to hire household help or childcare during your recovery time, you can include that. If your injuries require you to use a wheelchair and make structural adjustments to your home, you can also claim those expenses.

Economic losses have tangible documentation to back them up. For example, you can submit your medical records and bills, pay stubs and tax returns, and receipts or estimates for damaged property or replacement services. Unfortunately, the non-economic damages are not as easily identified or proven.

Non-Economic Losses

Non-economic losses cover the psychological impact of the accident. For example, if you suffered severe injuries, you can claim the physical pain and suffering you endured. Truck accidents can also cause severe emotional distress, sometimes manifesting as anxiety, depression, or post-traumatic stress disorder. Tort law allows you to claim those losses and identify their value by multiplying the economic losses by a multiplier between 1.5 and 5, depending on the accident’s severity and injuries.

Do You Need a Truck Accident Lawyer?

Anytime you have questions regarding your case, you can contact a truck accident lawyer for answers. These cases sometimes become complex and challenging, especially for someone unfamiliar with personal injury law. Additionally, you should be able to focus on your physical and emotional recovery while someone qualified takes over your case. In addition to their help when valuing your non-economic losses, a personal injury lawyer can help you navigate the complex question of liability in truck accident cases. If you notice the insurance company dodging your attempts to communicate or using any other bad faith tactics mentioned above to devalue your claim, you likely need a legal representative to protect your rights.

Can You Talk To a Truck Accident Lawyer for Free?

Personal injury lawyers handle truck accident cases. Before you can work together, they want to hear the details of your case and weigh the value of your claim. Most of them provide representation a no upfront cost, and their pay is often contingent upon whether or not you receive a settlement or award. Suppose you have any questions regarding your case. In that case, you can schedule a free consultation and present the information you have to an attorney, who will help you determine the most appropriate avenue to compensation for your case.

The team of experienced truck accident lawyers at Fielding Law understands the potential for devastating losses following a truck accident. We can identify who is liable and what damages are available in your case. You do not need to face this burden alone. Additionally, we could help you recover your losses faster, giving you the compensation you need to restore your life or adapt to a new one. Contact Fielding Law at (877) 880-4090 to schedule your free case evaluation. Someone is available to take your call 24 hours a day, seven days a week.