The Timeline of a Truck Accident Lawsuit

After a serious truck accident, you may be left with serious injuries, high medical bills to treat them, and without an income to cover the cost. You may be able to file a truck accident claim or lawsuit to recover these costs and other damages (compensation), but people are sometimes hesitant to move forward with this type of legal action. One of the reasons for this hesitancy is because people simply do not know what to expect. Below, our San Antonio truck accident attorney outlines the different steps involved.

 Hiring an Attorney 

Immediately following an accident, you should consult with an attorney. Most lawyers handle cases like these on a contingency fee basis – this means you do not need to pay a lawyer any money upfront to hire them or while they work on your case. You will not receive a bill from them for their time if there is no recovery. The lawyer is only paid if/when there is a successful settlement or recovery on your behalf.

The Investigation 

Immediately after an accident, the trucking company will send a representative out to the scene to conduct an investigation. The investigation they conduct may not be entirely honest. The trucking company may hide or destroy evidence to shield themselves from liability. For this reason, it is important to speak to a lawyer who can conduct their own investigation and protect your best interests.

Filing Your Claim

 Before filing a lawsuit, your lawyer usually first submits a claim with the insurance company representing the parties responsible for causing your injuries. Your lawyer will determine who is liable or responsible pending the results of their investigation. Your lawyer will also submit the claim to the insurance company along with a demand letter indicating the amount of compensation you are pursuing. If the insurance company does not make a fair offer, the lawyer will file a lawsuit against the parties responsible for causing your injuries.

Discovery 

During the discovery phase, both sides exchange information and documents, including photos and videos, to determine the evidence each plans to use in their case. Discovery can take the form of initial disclosures, interrogatories, requests for documents, and depositions.

Settlement Negotiations and Pre-Trial Motions 

Throughout the entire process, your lawyer will negotiate with the other side to try and reach a fair settlement offer. Negotiation can be informal between the two sides, or formal, through mediation. You should never accept a settlement offer without first allowing your attorney to review it. Before the case goes to trial, your lawyer may also file different pre-trial motions. These can help expedite your case, or they may try to limit certain evidence the other side wants to present in their case.

The Trial 

The vast majority of truck accident cases are settled outside of the courtroom. However, sometimes to protect your rights, going to trial is necessary. During trial, each side will present opening statements, examine and cross-examine witnesses who will provide testimony, and give closing arguments. After all of this, either a jury will make the final decision and determine the amount of damages to award, if any.

The trial is often the last step in a truck accident lawsuit, but that is not always the case. There may be post-trial motions to address, a judgment may have to be enforced, or a judgment may be appealed to the Court of Appeals or the Supreme Court.

Our Truck Accident Attorney in San Antonio Can Help You Through the Process 

The process of filing a claim and a lawsuit can be intimating for those who have never been through it. At the Law Office of Israel Garcia, our San Antonio truck accident attorney can guide you through it so your rights are always protected and the liable parties are held accountable. Call us today at 210-LAW-9999 or contact us online to schedule a free consultation and to learn more about your legal options.

Source:

soah.texas.gov/mediation-alternative-dispute-resolution