How Do Truck Accident Lawsuits Work? | Studinski Law, LLC
February 9, 2021

Steps of a Truck Accident Lawsuit

If you’ve been hurt in a truck accident, your first priority is to contact authorities and seek medical attention. Then, if possible, take pictures of vehicle damage, ensure that police on the scene have all the information they need, exchange information with other drivers and potential witnesses, and document your injuries.

Once you get through the initial chaos and confusion of a truck accident, you need to consider how you will recover the damages you need and deserve. A truck accident lawsuit can compensate you for medical costs, lost wages, pain and suffering, and other losses you incur as a result of your accident.

Below are the typical steps involved in a truck accident lawsuit. The first step is hiring an experienced truck accident lawyer to handle your case, so you can focus on healing.

Hire an Experienced Truck Accident Lawyer

Truck accident cases are among the most complex and difficult of all motor vehicle accident cases. Not only can the injuries suffered in these wrecks be more devastating than those in smaller auto accidents, the potential for multiple at-fault parties is higher than in a typical car crash case.

An attorney with extensive experience handling truck accident cases can benefit your case in a number of ways, including:

  • Determining liability for your injuries
  • Determining the true value of your claim
  • Gathering evidence to support your case
  • Negotiating with insurance companies
  • Fighting on your behalf at trial, if necessary

A seasoned truck accident lawyer is up-to-date with the latest federal trucking regulations and state truck accident laws. An experienced attorney is an invaluable resource in the fight for full and fair compensation.

Gather Evidence to Support Your Truck Accident Claim

Gathering evidence to support your truck accident claim can be difficult, and time is of the essence. In addition to the evidence you may have obtained at the scene of your wreck, your attorney should begin to gather supporting evidence right away. When working on truck accident claims, Studinski Law, LLC can:

  • Take photographs of the accident scene
  • Document pertinent elements of accident scene, such as road and weather conditions, skid or gouge marks, placement of physical debris, and the final resting position of the vehicles
  • Use drones to capture video and data
  • Get 3D mapping of the accident scene
  • Gather contact information of potential witnesses
  • Capture witnesses’ statements on video or audio
  • Request accident information and documents from law enforcement
  • Analyze trucker log books and trucking company records
  • Investigate the history of the river and trucking company
  • Retain expert witnesses to analyze the information

The goal of an investigation is to build a complete picture of what occurred and how the truck accident impacted your life. This enables you to pursue the maximum compensation to which you may be entitled.

Attempt Negotiation for a Fair Settlement

Once your attorney and the insurance company have had an opportunity to conduct investigations of the accident scene, you may receive a settlement offer. Insurance companies do not always play fair. They may attempt to fight your claim, deny responsibility, or make a lowball offer that does not cover your present and future damages.

Depending on the circumstances in your truck accident, you may pursue compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress and mental anguish
  • Disability
  • Disfigurement
  • Loss of enjoyment of life
  • Loss of earning capacity
  • Loss of society and companionship

A seasoned truck accident attorney will determine the true value of your claim and recognize an insufficient offer. Your lawyer will advise you as to whether a settlement offer is reasonable, and will negotiate to get you the best offer possible.

Consider Mediation

When the parties cannot reach a settlement, either you or another party may request mediation. Mediation is not a trial; it is an alternative method for resolving a dispute.

During mediation, you and your attorney will meet with the defendants/insurance company’s representatives and a neutral third party. This can occur in one or more sessions. Mediators are there only to guide discussions, not to make decisions about your truck accident settlement. During mediation, each side will present its argument until a settlement agreement can be reached – or not.

File a Truck Accident Lawsuit

The best time to file a truck accident lawsuit varies, depending on the unique circumstances of your case. Although your lawyer may recommend filing a lawsuit once negotiation attempts have failed, he or she may advise filing the suit earlier, perhaps due to information gathered during the investigation process. Filing a lawsuit can allow you to gain more information about the cause of the wreck, and in turn support your claim for compensation.

Depending on which parties are at fault for your injuries, you may be able to sue the truck driver, trucking company, truck manufacturer, or third party that was responsible for the truck’s maintenance. Your attorney will determine which parties may be liable for your losses.

In Wisconsin, you generally have three years from the date of your wreck to settle your claim or file a lawsuit. This is why it is always best to contact a truck accident attorney immediately after your crash to allow adequate time for an investigation and negotiations, and to determine exactly how much time you have to file a lawsuit, depending on the circumstances.

Utilize the Discovery Process

Once your truck accident lawsuit is filed, you will have the opportunity to gather evidence through the discovery process. During this process, each side may ask the other to give depositions, provide records, and answer questions. The discovery process may provide information that bolsters your claim, proves the other party’s fault, and empowers you to seek a greater amount of compensation.

Continue to Negotiate for a Fair Settlement

Just because you file a truck accident lawsuit, it does not mean your case is destined to go to court. An experienced trial attorney can continue to negotiate your settlement until the moment the jury returns its verdict. In fact, the majority of personal injury claims, including truck accident lawsuits, settle before trial.

Go to Trial, If Necessary

If you are unable to come to an agreement with the insurance company, you and your lawyer may choose to proceed with trial. By this time, you will be thoroughly prepared to present your case. Your attorney will have fully investigated the details surrounding your wreck, hired expert witnesses to testify on your behalf, and built your most compelling case. Once each side has presented its evidence and closed its case, a judge or jury will deliberate and decide the outcome of your claim.

Contact Our Truck Accident Lawyers Today

The experienced attorneys at Studinski Law, LLC have built a reputation for excellence in truck accident cases. Lawyers across the state often refer their most complex truck accident cases to our firm. Our extensive experience in these matters, combined with the skill and legal strategies of our accomplished truck accident lawyers, offer a distinct advantage to our clients.

At Studinski Law, LLC, we know that the keys to winning truck accident cases lie in rigorous preparation and hard work. We work diligently to uncover pertinent evidence and design individualized strategies to obtain a quick resolution to your case while maximizing your compensation.

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Please call (715) 343-2850 today for a free case evaluation with our truck accident lawyers. Studinski Law, LLC serves clients throughout Wisconsin, including Stevens Point, Wisconsin Rapids, Marshfield, Plover, Wausau, and other areas.

Jason Studinski Injury Attorney
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