After suffering injuries in a truck accident, you may be curious about how truck accident claims and lawsuits work. One of the first things you should know is that you may not need to go through litigation at all. Many claimants, according to the American Bar Association, are able to get the compensation they need without going to court. However, every case is different. If negotiations with the insurance company fail or they deny liability altogether, you may opt to file a lawsuit against the party responsible for your losses.
Truck accident claims and lawsuits are multi-layered processes that involve:
- Gathering evidence to prove negligence and identify a liable party for your accident or injuries
- Investigating your accident to determine how it was caused
- Filing an injury demand letter when working towards a settlement with the defendant
- Negotiating with trucking company’s insurance to reach a settlement offer
You may be able to resolve your case within a matter of days following the accident. However, in some cases, the claims process and litigation can take months. If you are interested in filing a lawsuit against a negligent party, under Ohio Revised Code Section 2305.10, you generally have two years from the date of the collision to file a lawsuit. If you do not act within this period, you could be unable to pursue compensation for your losses.
How Truck Accident Claims Work
When requesting compensation from the involved insurance company, you may have to send an injury demand letter. This grants you the opportunity to disclose the extent of your losses, the impact it has had on your life, and your intentions to file a lawsuit of your request is not fulfilled. You may also include a list of each of your incurred damages so that the insurance company knows what constitutes a fair settlement offer in your eyes.
For many claimants, the recovery process ends here because they are able to get the coverage they need from the insurance company. However, some insurance companies do not have people’s best interests in mind. If the insurance company denies your claim or repeatedly offers you settlements that do not cover your expenses, you may want to think about taking your case to court.
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How Truck Accident Lawsuits Work
For the sake of explanation, let’s say that you were struck by a truck driver that was operating a vehicle while fatigued. In that situation, liability could rest on the individual truck driver, because they caused the collision, and their employer, if they were implementing unreasonable delivery schedules. Lawsuits are not filed against insurance companies. They are filed against individuals whom the insurance company may represent.
Before your case begins, all parties will enter into what is known as “discovery,” a phase where the involved legal counsel reviews the details of the case and collects evidence. Both the plaintiff and the defendant’s lawyer during this time might exchange details regarding the crash.
For your case to be successful, you will need to:
- Provide evidence of fault and liability
- Demonstrate the extent of your economic and noneconomic damages
- Have a figure that represents the cost of your losses
- Argue that the other party should be financially responsible for your accident-related expenses
The success of your case in a personal injury lawsuit will rest on the discretion of an attending judge. Because of the stress and challenges that are present with litigation, many claimants choose to work with a lawyer to represent their interests.
Recoverable Damages in a Truck Accident
Now that you have an understanding of how truck accident claims and lawsuits work, you still may have some questions about what types of damages you can pursue. There is no way to estimate the cost of your economic and noneconomic damages without speaking to you first.
However, either through an insurance settlement or court award, you could recover the following types of damages:
- Medical costs (both current and future)
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional damages
You may be able to recover the cost of expenses that we have not included here. Keeping all documents regarding your claim, including your invoices, billing statements, and receipts, can give you an idea of how much your losses are worth.
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Begin Working With a Truck Accident Lawyer Today From Bressman Law
If you or a loved one is seeking justice for their recent truck accident in Ohio, the personal injury lawyers of Bressman Law can help you recover damages against an at-fault party. If you are wondering how truck accident claims and lawsuits work, reach out to our team today. To learn more, call us today at (614) 538-1116.
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