Filing a Personal Injury Claim After a Truck Accident
If you have been injured in a truck accident, you may be eligible for compensation for your injuries if the accident was the fault of the driver or their employing truck company.
In the event that the third-party liability insurance company assumes fault on the part of their policy holder, they will typically offer a truck accident settlement amount that is intended to cover the medical expenses and other related costs of the accident.
Do not accept a settlement that does not completely cover your expenses as well as fair compensation for your related pain, suffering, and permanent loss of quality of life. Accepting a settlement too early means you release the insurer of further liability. You could take the check now only to realize you have tens of thousands of dollars of long-term medical expenses that weren’t included.
For these reasons and many more, it can literally pay to hire the help of an experienced semi truck accident attorney. They can help you estimate how much your injury costs will be in total and prepare documentation to back up your estimate. They can also negotiate with insurers on your behalf and, if need be, take the case to court if no settlement agreement can be reached.
Insurers working with an injury victim know that the average person filing a truck accident injury claim is not familiar with the astronomical costs of healthcare nor their right to negotiate for a more adequate settlement. Know your legal right to negotiate, and avoid agreeing to release the insurer or the insured from liability until you have a fair settlement that includes all of your damages in writing.
What’s Included in a Truck Accident Injury Claim?
Your truck accident injury claim will include several components:
- Medical costs
- Incidental costs necessary for receiving medical treatment
- Lost income
- Pain and suffering
Don’t overlook any of these components when you’re estimating how much a fair settlement might be. Assembling the documents necessary to put a final, round number on the total costs takes time and research, but this work strengthens your case and makes you more likely to receive a fair settlement.
Taking Your Injury Claim to the Courts With a Truck Accident Lawsuit
The majority of injury cases are settled out of court because insurers and the injured both want to avoid expensive and time-consuming procedures. A third-party liability insurance company will most often attempt to reach a fair settlement amount once they recognize that the injury victim recognizes the full value of their case and has the documentation to back it up.
However, some third-party liability insurers will fail to agree on a fair settlement. That, or they may dispute some aspects of the claim, including the extent of the victim’s injury and whether or not the policyholder was in fact at fault.
In these instance, a truck accident attorney can file a civil complaint, otherwise known as a truck accident lawsuit. The lawsuit proceeds until a judge, jury, or arbitrator makes a final ruling on fault and the amount to be paid. At any time during court proceedings, a new settlement offer could be made and the lawsuit dropped.