What to Expect from a Truck Accident Lawsuit in San Antonio
If you have been involved in a truck accident that was caused by someone else’s negligence, you may be able to claim compensation for your losses. People are sometimes reluctant to file a lawsuit for many reasons, including the fact that they do not know what to expect from the process and so, it can be intimidating. Below, our San Antonio truck accident attorney outlines the basic steps involved in any lawsuit.
Determining Liability
It is never easy to determine who is at fault for a truck accident. Many people assume that truck drivers are always to blame, but that is not always the case. There are multiple parties that may be at fault for a truck accident and they include:
- The trucking company,
- A maintenance or inspection company that serviced the truck,
- A cargo loading or shipping company that negligently loaded the truck,
- The manufacturer of a defective truck or truck part,
- A third party, such as another driver,
- A broker who negligently selected/hired an unsafe truck company,
Your truck accident lawyer will work with experts to determine who is at fault for your injuries. During this time, it is critical that you seek medical attention.
File a Lawsuit
Your attorney is a great help throughout the entire process, particularly when filing the lawsuit. Your lawyer will know who to file the lawsuit against and where to file so there is no delay in obtaining the damages you deserve.
Discovery
During the discovery phase, each side shares information with the other side. This is so both parties can have equal footing in the lawsuit. Discovery can take the form of initial disclosures, interrogatories, requests for documents, and depositions. Discovery is often the longest part of a lawsuit but settlement negotiations can continue during this time.
Pre-Trial Motions
Your lawyer may file certain motions to speed up the case, exclude certain evidence, or others that will help your case. The other side will also likely file pre-trial motions, such as a motion to dismiss or a motion for summary judgment.
Preparing for Trial
A trial is necessary when a settlement cannot be reached. While the majority of truck accident cases settle outside of court, a trial is sometimes the only way to obtain a fair value for the change to your life the loss of enjoyment of life, the inconvenience, the emotional distress, the pain, the suffering, the humiliation of living with the loss of independence and pursuit of happiness. At the end of the day, a lawyer will ask the jury to decide what the verdict should be and put a dollar value on what has been taken from you. As you prepare for trial, your lawyer will prepare witnesses, build a strong case to present to the court, and choose a jury that is fair and impartial.
The Trial
If your case goes to trial, the judge and jury will hear arguments from both sides, as well as witness testimony. After all sides have been heard, the jury will then prepare a verdict, either in your favor or in the liable party’s. The verdict will also determine the amount of money you receive.
Our Truck Accident Attorney in San Antonio Can Help with Your Lawsuit
Lawsuits are incredibly complex and if you have been hurt, you need sound legal advice. At the Law Office of Israel Garcia, our San Antonio truck accident attorney can provide it and prepare you every step of the way so you obtain fair compensation in light of the injuries you have suffered. Call us today at 210-LAW-9999 or contact us online to schedule a consultation.
Source:
aw.cornell.edu/wex/negligence
