What to Expect with a Truck Accident Lawsuit

The time following a truck accident can be full of uncertainty as you recover from your injuries, deal with insurance companies, and try to fulfill your obligations to family, coworkers, and friends. At Arnold & Itkin, our truck accident lawyers understand what you are going through. By helping you deal with the legal aspects of your case, we hope to ease your stress and anxiety. We also know that obtaining maximum compensation can go a long way toward your road to recovery.

To discuss your case with an experienced attorney, please call our firm to set up a free consultation.

How Your Claim Is Evaluated

After an accident with a large truck, you may be wondering if you have a legitimate claim. Although there is no way to determine the validity of a case until you sit down with one of our lawyers, we make sure to provide a thorough assessment of your accident to help you determine your next best step in your case.

During your free consultation, we will listen to the facts of your case to establish certain key elements:

• You suffered damages such as medical expenses and lost wages;
• The negligent actions of another party caused your damages; and
• Proving that the other party is ultimately responsible for your damages.

Remember that your first meeting with a member of our firm is free of charge, so you have nothing to lose!

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What Is the General Process of a Truck Accident Case?

As all cases are different, it is impossible to give an exact step-by-step explanation of what you will be facing.

Below, we have given a general description of steps you may experience during the course of your case:

• Investigation: It is crucial that immediately after an accident you reach out to an experienced lawyer who can launch an investigation to begin preparing for your case. You can be sure that the insurance company will be doing the same with the help of a rapid response team to gather evidence that can be used during their defense—and you need to level the playing field. Your attorney can preserve evidence that may otherwise be lost (such as data from the electronic on-board recorder); they can also send a spoliation letter to the trucking company and its lawyer to give them notice about a claim being made and certain pieces of evidence that should be preserved.
• Lawsuit Filing & Discovery: Once the official lawsuit has been filed, your attorney can begin with the process of "discovery," during which they can send requests for any information that may be useful in the building of your case. This may include interrogatories and depositions, as well as the consulting of experts or witnesses to the collision.
• Mediation: It is likely that both sides of your case will agree to mediation. This is a process outside of court where both parties and lawyers will participate in a meeting conducted by a neutral third party. Usually both parties are in separate rooms with communication funneled through the mediator. It is an opportunity to discuss settlement.
• Trial: If the case is not able to reach a settlement, a trial date will be set. The trial will commence during which your attorney will present supportive evidence, followed by the defendant's evidence. After closing arguments are made, the jury will deliberate to decide on certain issues—such as whether monetary damages should be awarded.

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How Long It Takes to Resolve a Case

There is no reliable estimate regarding how long a big rig accident case may take from beginning to end, as it depends on the specific circumstances of the case. The time needed to resolve your case could be a few months, a year, or more. Even if a case does not go to trial, there is still a considerable amount of time required to investigate and negotiate a settlement.

If the case does end up in court, this could add months, as the trial itself and any action to appeal could require extensive time. No matter the circumstances surrounding your case, you can rest assured that we will work tirelessly to secure a fair settlement or verdict as swiftly as possible, without sacrificing the pursuit of maximum compensation.

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Your Role in a Truck Accident Case

Many clients are concerned about having to appear in court and answer questions from the defense. Because most truck accident cases are settled out of court, you will most likely never have to testify. However, should your case end up in court, we make sure that you are fully prepared and that the process is as comfortable as possible.

Although you may not have to testify in court, there is a strong possibility that you will have a deposition, at which time you must answer questions from a defense lawyer about the facts of your case. Although this can be stressful for a client, a truck accident attorney from our firm can be by your side throughout the process and prepare you for the deposition by going over the potential questions you might be asked. We recognize that preparation is key to your peace of mind.

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The Value of Your Claim

The compensation you can expect to receive from your truck accident case is determined by the amount of damages that were involved. This includes economic damages such as past and future medical bills and past and future lost wages. Potential damages also include non-economic considerations, such as your pain and suffering, loss of enjoyment of life, loss of consortium, as well as punitive damages, which are meant to punish a defendant. The available compensation is unique to each case, and can be determined by speaking with an 18-wheeler accident lawyer from our firm.

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Common Questions About Truck Accident Cases

• What is the difference between a criminal and a civil case? ​There are two forms a truck accident case can take. In some circumstances, the crash may lead to a criminal case if the driver in question broke the law in some manner (ex: the driver was driving under the influence of alcohol and/or drugs). In criminal cases, prosecution will seek to slap the driver with penalties that could include fines, license suspension, and imprisonment. Your case will be known as a civil case, which is where you can sue the driver, the trucking company, or any other parties to recover financial compensation.
• Who can sue? In a truck accident case, anyone who has been injured may have grounds to file suit. If the accident was fatal, family members or the decedent's estate may file a wrongful death suit.
• Who can be sued? There are several parties who may ultimately be responsible for the accident and may face a civil lawsuit. Most commonly, this includes the truck driver and trucking company for their negligence. There are, however, other parties who may also be sued if they are responsible such as truck manufacturers.
• Do different states have different laws? Yes! There many laws specific to the state where the accident occurred, where the trucking company is based, or where the suit is filed. One of the biggest differences is the "statute of limitations." This refers to the time limit you have to file a claim. Other differences between states include requirements on who is permitted to sue the at-fault party, how the victim's fault affects the case, and various other legal matters.
• What are damages? Damages financially compensate the victim for their loss. These are broken into two parts: compensatory and punitive damages. Compensatory damages provide compensation for loss, injury, or harm; these can be economic damages that are more concrete (such as medical bills) or non-economic damages that are more interpretive (such as pain and suffering). Punitive damages are not given to compensate the victim, but to punish the defendant.

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Our Truck Accident Lawyers Have Your Best Interests in Mind

Trucking companies and their insurance companies hire defense lawyers to protect their interests and give them the best chance at success in lawsuits. Shouldn't you do the same? The truck accident attorneys at Arnold & Itkin have a strong track record of protecting the rights of the injured and have recovered billions of dollars. We prepare every case for trial because we know that insurance companies will stop at nothing to mitigate the value of your claim. Our aggressive litigation has earned us the respect of the legal community and earned our clients the compensation they deserved.