How Do Truck Accident Lawsuits Work?

Home » FAQs » How Do Truck Accident Lawsuits Work?

Truck accident injury lawsuits and settlements exist to hold the parties responsible for your truck accident injuries accountable for their negligence. Many times, claimants don’t have to appear in court at all; they’re able to receive the compensation they deserve through negotiating a settlement with the responsible parties and their insurance.

However, if negotiations fail—or if the other party denies liability whatsoever—you may need to file a lawsuit against them to recover compensation for your damages. In those cases, you’ll need an experienced truck accident lawyer from Gordon McKernan Injury Attorneys to argue on your behalf in court.

Regardless of whether your case goes to court or not, the following are important steps to any injury claim process. We can help you with each of the following:

  • Gathering evidence that identifies the liable party for your accident and injuries, and that proves their negligence
  • Investigating the cause of your truck accident to better understand how your injuries occurred
  • Filing an injury demand letter and working toward a settlement with the defendant
  • Negotiating with the other party’s insurance provider to reach a fair settlement

Some cases only take a few days to resolve, but others can take weeks or even months. Under Louisiana law, you have one year from the date of injury to file a lawsuit against a negligent party—so it’s vital to talk to a Louisiana truck wreck lawyer as soon as possible so we can start the process of negotiating a fair settlement, or filing a lawsuit if negotiations fall through.

How Truck Accident Claims Work

When seeking compensation from the trucking company’s insurance, you will probably need to send an injury demand letter describing the extent of your losses, the impact your injuries have had on your life, and your willingness to file a lawsuit if your needs are not met. An injury demand letter should also include a list of incurred damages to let the insurance company know what you consider a fair settlement offer.

For many victims, the insurance company agrees to the offer in their demand letter and the process ends there. However, some insurance companies are more concerned about their bottom line than about victims’ welfare and will deny your claim. If that’s the case, or if they offer a settlement that fails to cover your expenses, you may have to take the case to court.

How Truck Accident Lawsuits Work

If insurance refuses to meet your demands, you’ll need to file a personal injury lawsuit against the truck driver, trucking company, or other liable parties. Before the case begins, all parties will engage in a phase known as discovery, where they review the details of the case and collect evidence, as well as exchange details.

If it is determined that your lawsuit holds merit, the case will go to trial. The following points will need to be proven in order to prove the other party’s liability and win your case:

  • The driver or trucking company had a duty of care to your safety
  • The driver or trucking company breached that duty through negligence
  • You were injured as a direct result of that negligence
  • Your injuries caused damages

If you and your truck accident attorney successfully argue your case in court, the negligent parties will be required to pay a certain amount of court-ordered economic and non-economic damages to you. This amount can vary depending on your injuries and the specifics of your case. Personal injury attorneys typically work on a contingency fee basis, meaning they will be paid an agreed-upon percentage of the winnings from your lawsuit as payment for their legal services. Entering into a lawsuit against a trucking company can be stressful. They have the experience and resources to avoid paying you the compensation you owe—but the truck accident injury lawyers at Gordon McKernan Injury Attorneys do too. We have over 679+ years of combined legal experience negotiating with insurance companies and representing our clients in court, so we know what it takes to win. Give us a call at 888.501.7888 for a free legal consultation about your case, and we’ll help you recover the compensation you deserve to heal from your injuries and move on with your life.