A truck accident lawyer is a type of personal injury lawyer that specializes in truck accident cases. They represent those who have been injured by the negligence of another during a truck accident. If you are considering seeking the services of a truck accident attorney, it’s important to understand exactly what a truck accident lawyer does.
Truck Accident Lawyer Specialize in Tort Law
Truck accident lawyer work in tort law. In the context of truck accidents, according to Justia, a tort is a “private or civil wrong or injury” that may be remedied through compensation for damages.
When someone is negligent in a truck accident and it leads to injuries, the injured party can seek compensation from the negligent party for their losses. The main point of tort law is to “make whole again” the injured party.
So, truck accident lawyer work with injury victims to get them compensation for the damages they’ve suffered.
Damages that truck accident attorney help victims receive include:
Medical expenses (both current and future)
Loss of earning capacity
Physical pain and suffering
Personal injury lawyers can work on a variety of other types of cases, including car accidents, bicycle accidents, bus accidents, dog bites, animal attacks, premises liability (slip and fall) accidents, medical malpractice, and wrongful death. So, truck accident lawyer are personal injury lawyers that work specifically on truck accident cases.
What Exactly a Truck Accident Lawyer Does
There is a lot that goes into everything that a truck accident lawyer does for their clients. Although any injury accident can be complicated, truck accidents are especially legally complex. There can be multiple parties responsible for the truck accident, and thus various insurance companies to file claims with.
Truck accident lawyer will handle truck accident cases from start to finish, which may sometimes end in trial. Here are some of the specific things a truck accident will do when working on a case.
Investigating Truck Accident Cases
When a potential client comes to a truck accident lawyer with their case, the lawyer will examine the details and determine whether or not the case is strong and valid.
Since most truck accident lawyer work on contingency, they will want to make sure a case has a good chance of winning before taking it on. “Contingency” means the lawyer only gets paid if they win the client a settlement or award. Their pay is contingent on whether or not they win money and how much money they win.
Sending Demand Letters
After investigating a truck accident, the truck accident lawyer might send a demand letter to the at-fault party’s insurance company. The demand letter will outline the facts of the collision and demand a specific amount of compensation for the victim’s damages.
Negotiating with the Insurance Companies
Negotiation is often one of the most valuable parts of having a truck accident lawyer. The at-fault parties’ insurance companies often try to contact the truck accident victim soon after the crash, and this can be risky. Insurance companies are skilled at finding ways to pay less on a truck accident claim, and they will usually offer a lowball settlement (if they offer anything at all).
Most injury victims will not know how to negotiate or protect their legal rights when communicating with the insurance companies. But experienced truck accident lawyers negotiate and communicate with insurance companies all the time.
A truck accident lawyer will look over the details of the insurance policy, accurately account for all of the victim’s damages, and handle all communication with the insurance companies. They will work to negotiate for a settlement that is actually fair and covers the victim’s damages.
Most of the time, a truck accident lawyer is able to negotiate a satisfactory settlement with the insurance company. The case ends there, and the injury victim receives their settlement.
However, if the insurance company will not negotiate, the truck accident lawyer might send a complaint to the at-fault party. The complaint is one of the first documents filed in a truck accident lawsuit. After the complaint has been sent, the at-fault party typically has 30 days to answer it.
Once the lawsuit has been filed, a truck accident lawyer will begin preparing a case as if it is going to trial. A lot of truck accident cases still settle somewhere before they actually go to court, but an experienced lawyer will know to be prepared for anything.
To prepare for the discovery phase of the lawsuit, a truck accident lawyer will gather evidence, research relevant case law, and begin forming legal theories related to the accident. They may also interview and depose witnesses, draft pleadings, and prepare discovery requests.
Providing Representation at Trial
If a truck accident case does go all the way to trial, a truck accident lawyer will represent their client in court. An experienced truck accident lawyer will be familiar with each process involved in the trial process.
Other Skills a Truck Accident Lawyer Must Have
Everything a truck accident lawyer does often involves strict deadlines, lots of research, and regular communication with their injured clients. They must also have excellent speaking, negotiation, and time management skills to see success in their cases.
Although the job can be demanding, good truck accident lawyers love what they do because it allows them to help victims of truck accidents get the money they need and deserve.