Injuries suffered in a truck accident are almost always severe, and the truck accident injury claims process is notoriously complex. If you were hurt in a truck accident, the lawyers at Robenalt Law can explain the claims process, guide you to a successful resolution of your claim, and maximize your financial compensation.
Overview of a Truck Accident Injury Claims Process
Recovering the compensation you are owed after a truck accident is a multi-layered process. During your initial meeting with our lawyers, we will analyze the circumstances of your accident and explain how we will present your claim to maximize your financial recovery.
Establishing Negligence and the Extent of Your Injuries
The first step in submitting a claim for a truck accident injury is gathering evidence to prove the nature and extent of your injuries and who was at fault for causing them. We will start by requesting a copy of the police report to identify the driver of the truck that hit you, the company they were working for, and other companies and individuals who contributed to causing the accident.
We will also request copies of your medical bills and medical records, as well as evidence of time you missed from work and other economic losses you suffered because of the truck accident.
Investigating the Cause of the Accident
In many truck accident injury cases, multiple parties contributed to causing the crash. In addition to the truck driver and the trucking company, we will identify shippers, brokers, and other individuals and companies involved in the supply chain who contributed to causing the accident. We will identify the people who performed maintenance on the truck, review the driver’s hours of service log, and identify other ways the driver and the trucking companies were negligent.
Sending a Demand Letter
Once we have established the nature and extent of your injuries, how the accident occurred, and the parties who are responsible, we will issue a demand letter to the defendants’ insurance companies. The demand letter will describe the nature and extent of your injuries and request financial compensation for the harm you suffered.
Negotiating with the Trucking Companies’ Insurance Carrier
After we issue the demand letter, the trucking company’s insurance carrier will respond, and we will negotiate to achieve a fair resolution of your claim. Because of our intense preparation and thorough investigation, we can often successfully resolve truck accident injury claims without filing a lawsuit.
While some truck accident injury cases can be resolved quickly, others take many months. We will never settle your claim without your authorization. And before we agree to a settlement, we will explain how the settlement funds will be disbursed and answer any questions you have.
Litigating a Truck Accident Injury Case
If the truck insurance company refuses to resolve your claim fairly, our lawyers will file a lawsuit to protect your rights and seek the financial compensation you deserve.
In most Ohio personal injury cases, you have two years from the date of the accident in which to file a lawsuit. If you do not file a lawsuit within two years, your claim will be time-barred, and you will be unable to recover financial compensation for your injuries. However, there are exceptions to this two-year statute of limitations, and you should consult with our experienced Ohio truck accident injury lawyers after a truck accident.
Filing the Complaint
A lawsuit begins by filing a complaint. The case is not filed against the insurance companies. Instead, it is filed against the people and businesses the insurance company represents. Our office will prepare a complaint that names the defendant driver and the other individuals and companies that contributed to causing the accident.
Once the complaint has been served and the defendants have answered, the parties enter the discovery phase. We will exchange with the defendants’ lawyers information that might be presented at trial to prove who was at fault and the nature and extent of your injuries. We will also take depositions of the defendants to establish how and why they are responsible for causing your injuries.
Settlement Negotiations and Trial
Settlement negotiations continue even after a lawsuit has been filed. As the defendants and the judge learn more about the nature and extent of your injuries and how they were caused, we will try to arrive at a fair amount of money to compensate you for your injuries.
The judge might order the parties to engage in mediation or arbitration to try to resolve the case and will personally work with the parties to try to bring them to a resolution. If the case still cannot be resolved, it will be set for trial, and a jury will decide who caused the accident and an amount of money that will fairly compensate you for your injuries.
Robenalt Law: Fighting for Fair Compensation
If you were hurt in a truck accident, Robenalt Law can help. You may be entitled to compensation for:
- Past and future medical expenses
- Pain and suffering
- Lost wages
- Mental anguish
- Loss of consortium
To learn more, contact us today to schedule a free, confidential consultation to discuss your situation and how we can help. From our offices in Westlake, Ohio, we represent people in greater Cleveland and throughout Ohio and the Midwest.