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What is the process for truck accident litigation?


What is the process for truck accident litigation?

Frequently Asked Questions

If you are involved in a truck accident, and have suffered damages, including physical injury, incurred medical bills, lost income, and/or suffered damage to property, you may have a claim against the trucking company, among other parties. Once an accident occurs the trucking company’s insurance carrier will become involved, investigating the claim and trying to talk to you about the case. Although you can deal with the insurance company on your own, the insurance company is not on your side, but instead is protecting its interests and those of its client, the trucking company.  Therefore, it is often better to have an Indiana truck accident attorney on your side helping you protect your rights and interests.

Once you have hired an attorney or law firm, the firm and its staff and other hired experts, will begin the process of investigating your claim, and gathering evidence and information. During this time there may be conversations and back and forth between your attorneys and the trucking company’s insurance company. Eventually, the insurance company for the truck company may offer you a reasonable settlement amount, before a lawsuit must be filed. If you and your attorney believe you’ve been offered a fair settlement amount, then the case can be concluded at that time. For more information, see “How much is my truck accident case worth?“.


However, there are many instances in which such a reasonable settlement offer is not provided, at least at that time, and action must be taken to preserve your rights. It is critical to consult with an attorney about your case since there are deadlines, called statutes of limitations, for bringing a cause of action in court against those who you alleged have harmed you. If you file later than the deadline set by the law you can be barred from ever receiving any compensation for your injuries and other damages.


After a lawsuit is filed even more investigation and fact gathering is typically conducted, by both the plaintiffs side (you) and the defendant (the trucking company and potentially other parties too). This process is called “discovery,” and involves both the exchange of documents and other physical evidence, and also written and oral questions of key participants in the accident, or about topics related to the events before, during and after the accident, including the damages you sustained.


At any time after a lawsuit is filed, and including during the trial of the case, your case may be settled if both parties can agree to a reasonable settlement amount. However, if both sides do not agree to a settlement the case will eventually go to trial. Depending on many circumstances your case may be decided by a judge (known as a bench trial) or a jury (known as a jury trial). If your case is decided by a jury, the first step in the trial process is jury selection. Then, in both bench and jury trials both sides, plaintiff and defendant, provide opening statements, then each side presents evidence, and then closing arguments. Finally, if the jury is deciding the case it will deliberate, and then reach a verdict. Finally, either the judge or jury, whoever is deciding the case, if they find for the plaintiff, will determine a verdict amount. This amount will represent how much money they believe you are entitled to compensate you from your losses from the truck accident.


Truck accident litigation can be quite lengthy and also very complicated. You need to hire an Indiana truck accident attorney, or law firm, who is familiar with trucking litigation in your state, and has experience in this area. Starr Austen and Miller focuses on representing individuals and their family members in serious personal injury and wrongful death cases, such as those often involved in trucking accidents. If you or a loved one has been in a truck accident you can contact us for a free consultation to discuss your case.


[Source: Truck Accident]

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