Arlington Truck Accident Settlements
If a person is involved in an accident with semi-truck, there are some options available for a settlement. The actual value or settlement amount of a truck accident will depend on the circumstances surrounding that specific crash. For an estimate on what damages they may be eligible to recover, it is best to research other truck accident cases in Texas to get a general idea of what to expect.
However, the best bet for figuring out the possible settlement value of their case is to contact a knowledgeable truck accident lawyer. They should choose someone who has experience representing victims of big rig accidents. The attorney could help injured claimants seek compensation that will help cover any medical expenses, emotional suffering, pain and suffering, and lost wages. Speak to a skilled attorney to learn about the nuances of Arlington truck accident settlements.
Reasons to Settle Rather Than Go to Trial
The decision to settle or go to trial is the plaintiff’s decision. However, a lawyer will give their advice and opinion of what they think is the best option. Insurance companies usually prefer to offer settlements to truck accident victims to avoid an expensive trial as well as bad publicity. Insurance companies do not make the settlement offer based on who is representing the plaintiff. Offers are made based upon the facts of the semi truck accident lawsuit and the severity of the injury suffered by the plaintiff. They will take the following factors into consideration when calculating settlement that they offer:
- The extent of the injuries
- Any economic losses such as medical bills and lost wages
- Whether the person was at fault in any way for their accident
- Whether the person has legal representation
In many cases, insurance companies will not take a person seriously until they show they have legal representation. This is why it is important to contact an experienced trucking accident lawyer as soon as possible following a collision with a tractor-trailer.
There are certain financial risks involved in filing a lawsuit. In some cases, plaintiffs who decided to pass up a settlement offer and go to trial ended up getting less money than if they had taken an offer. Sometimes they make the wrong decision by proceeding to trial.
Refusing an Offer
Someone might refuse to take a truck accident settlement offer and instead proceed to trial if the highest offer is just too low. If the attorney and the defense cannot agree on their settlement or if the defense continues to challenge liability, then it is best to take the case to trial.
The Settlement Process in Arlington
The time it takes to resolve a commercial vehicle accident settlement depends on the complexity of the case and whether fault is being contested. For example, in a multi-vehicle collision involving a truck, it is likely to take longer to settle than a car crash, as there is more evidence to gather, and liability may not mean immediately apparent.
A tractor-trailer collision lawyer will take the necessary steps to build a case. They will preserve and gather evidence. The early stages in a case is often the most crucial. When investigating a crash, the attorney’s goal is to gather all the evidence necessary to verify how the accident happened and establish who is at fault.
The lawyer will use photographic evidence, witness statements, and official reports. They may file a temporary restraining order to preserve the evidence without risk of damage, destruction, or tampering. In addition to the information about the accident itself, the truck accident attorney will request information from the victim’s doctor concerning their injuries.
Once a doctor is determined that the person’s physical condition is stable, the attorney will begin to settling medical records, reports, and bills. They will also seek out employment records in order to evaluate damages related to loss of wages and loss of earning potential. Settlement negotiations are not likely to begin until both the plaintiff’s attorney and the defense did their pretrial investigations and the discovery process.
As part of discovery, the attorney and the defense will solicit written answers from the opposition and may request one testimony be given under oath, which is known as a deposition. It is rare for an insurance company to engage in serious settlement talks prior to the completion of the discovery process. If a semi truck accident lawsuit is particularly complex or involves a commercial entity, the defense may even wait for the attorney to identify their expert witness before discussing potential settlement amounts. In extreme cases, the defense will not engage in settlement talks until they have filed a motion for summary judgment, more commonly known as a motion to dismiss the case. If the motion is granted, it means the case is over. If the court denies the motion, this can be used as leverage in future negotiations.
How an Arlington Truck Accident Attorney Could Help
When going to an initial consultation with a truck accident lawyer, a person should bring documents such as a copy of the crash report, if available. This report will include the identity of the insurance information of the truck driver and the trucking company, statements from witnesses, and information on whether any parties involved were brought to the hospital. It also gives a narrative opinion of the officer in the report.
A person should share any photographic evidence of the scene and provide all the details that they can about their car, such as year, model, make, and the damages sustained. Obtain a copy of the open records report from the police department, if possible. Also, a person should provide their insurance information and history of involvement in any car accidents. If a person has missed work, they should provide their salary information for lost wages and bring any medical records after the accident as proof of the injuries sustained.
The truck accident attorney will use all evidence possible to help the injured claimant recover compensation for their damages. Call today to learn about your legal options and the Arlington truck accident settlement process.