If you have been involved a trucking accident it is important to have a clear understanding of how a trucking accident case will play out. A case truly begins immediately after an accident and continues until the final resolution and awarding of damages, if any.
It is nearly impossible to win a trucking accident case without an attorney to guide you through the filing process and the possibility of a trial. You should look for someone familiar with local laws who can explain the steps that will see your case through from start to finish. Meeting with a New Orleans truck accident lawyer will alleviate the stress involved with a lawsuit and raise the chances of your case being a success.
A Commercial Company
Unlike other auto accidents, a trucking accident is not usually between individuals and their insurance companies. A commercial trucker should not simply be viewed as a private entity when drafting a claim if there is a larger company involved.
A lawsuit against the company is usually the better option because they will have insurance for the driver that can result in your receiving more money for damages. You may even be able to file a third party lawsuit against the driver's insurance company. When you talk to your New Orleans truck accident lawyer, be sure to ask whether it is better to file a suit against the company, the driver, or both.
Discovery
The first part of the lawsuit process is the collection of evidence to support a claim. This is referred to as discovery. Awarding of damages requires a great deal of evidence to support it.
The attorney will conduct the investigation on behalf of their client. In the case of a trucking accident, the evidence may include the trucking company's records, the driver's qualifications and personnel file, eyewitness statements and police reports, as well as photographs and medical reports detailing any injuries.
The Letter of Demands and Mediation
After a New Orleans truck accident lawyer collects the evidence, they will submit a letter of demands, which will initiate the process of the lawsuit. The letter will inform the opposing party or parties of the intention to sue and will detail the injuries and losses incurred because of the accident and the amount of compensatory damage the client is seeking.
Once they've received the letter, the opposing party can accept the amount your attorney has submitted and choose to settle the case quickly or they can attempt to negotiate for a reduced amount.
If a settlement is not reached through the letter of demands, then the parties may agree to mediation. If this also fails, then there is a trial. Even if the case does go to trial, it is possible for either party to settle before the trial's completion.
The Trial
A New Orleans truck accident lawyer will represent their client at every stage of the trial and ensure that the client is prepared to testify if needed.
These cases are usually decided by a jury, who will decide who is at fault and the percentage of their fault. It is possible for both parties to be considered partially at fault, and damages are adjusted accordingly. For example, if you are considered to be 15 percent at fault, then your damages will be lowered by that amount.
Hiring a New Orleans truck accident lawyer is the first action to be taken after a trucking accident. They will guide their client through the steps of a lawsuit, from discovery to trial, and will protect the interests of their clients and seek out the maximum amount of damages possible.
It is nearly impossible to win a trucking accident case without an attorney to guide you through the filing process and the possibility of a trial. You should look for someone familiar with local laws who can explain the steps that will see your case through from start to finish. Meeting with a New Orleans truck accident lawyer will alleviate the stress involved with a lawsuit and raise the chances of your case being a success.
A Commercial Company
Unlike other auto accidents, a trucking accident is not usually between individuals and their insurance companies. A commercial trucker should not simply be viewed as a private entity when drafting a claim if there is a larger company involved.
A lawsuit against the company is usually the better option because they will have insurance for the driver that can result in your receiving more money for damages. You may even be able to file a third party lawsuit against the driver's insurance company. When you talk to your New Orleans truck accident lawyer, be sure to ask whether it is better to file a suit against the company, the driver, or both.
Discovery
The first part of the lawsuit process is the collection of evidence to support a claim. This is referred to as discovery. Awarding of damages requires a great deal of evidence to support it.
The attorney will conduct the investigation on behalf of their client. In the case of a trucking accident, the evidence may include the trucking company's records, the driver's qualifications and personnel file, eyewitness statements and police reports, as well as photographs and medical reports detailing any injuries.
The Letter of Demands and Mediation
After a New Orleans truck accident lawyer collects the evidence, they will submit a letter of demands, which will initiate the process of the lawsuit. The letter will inform the opposing party or parties of the intention to sue and will detail the injuries and losses incurred because of the accident and the amount of compensatory damage the client is seeking.
Once they've received the letter, the opposing party can accept the amount your attorney has submitted and choose to settle the case quickly or they can attempt to negotiate for a reduced amount.
If a settlement is not reached through the letter of demands, then the parties may agree to mediation. If this also fails, then there is a trial. Even if the case does go to trial, it is possible for either party to settle before the trial's completion.
The Trial
A New Orleans truck accident lawyer will represent their client at every stage of the trial and ensure that the client is prepared to testify if needed.
These cases are usually decided by a jury, who will decide who is at fault and the percentage of their fault. It is possible for both parties to be considered partially at fault, and damages are adjusted accordingly. For example, if you are considered to be 15 percent at fault, then your damages will be lowered by that amount.
Hiring a New Orleans truck accident lawyer is the first action to be taken after a trucking accident. They will guide their client through the steps of a lawsuit, from discovery to trial, and will protect the interests of their clients and seek out the maximum amount of damages possible.
About the Author:
If you've been hurt in a trucking accident, the New Orleans 18 wheeler accident lawyers at The Lambert Firm can help you recover compensation. Schedule a meeting with an experienced accident attorney in New Orleans today to discuss your legal rights.
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