What to Expect in a Truck Crash Claim

Almost all truck crash victims can expect a settlement. About 96 percent of vehicle collision claims settle out of court. Out-of-court settlements end cases sooner, so victims receive their compensation sooner. Furthermore, these resolutions avoid an emotional courtroom showdown that many victims are in no shape, mentally, physically or otherwise, to participate in.

Some cases settle in a matter of weeks or months, but usually, insurance company lawyers drag these matters out as long as possible. Therefore, only the most tenacious Carlsbad personal injury lawyer can obtain maximum compensation for your serious injuries. In a truck crash claim, these injuries often include severe burns, head injuries, and other wounds that are often fatal.

Medical Treatment

Prompt medical treatment increases the settlement value of a truck crash claim. A truck crash settlement value is a lot like a new car’s sticker price. Both figures are the starting point for negotiations. Vehicle purchase negotiations are usually very one-sided. Buyers have little control over the process. Civil negotiations are different, since the victim has an advocate.

How does prompt medical treatment increase the settlement value? We’re glad you asked, First, prompt treatment is evidence that the victim’s injuries were severe. Second, prompt treatment makes it easier for doctors to diagnose and treat injury-related conditions. That head start reduces the amount of future medical expenses. These costs are difficult to pin down and often delay the settlement process.

Because the injuries are so severe, truck crash medical treatment is usually very expensive. Usually, an Oceanside personal injury lawyer connects truck crash victims with doctors who don’t charge any money upfront.

Informal Negotiations

Informal, presuit negotiations often bear fruit if no disputes exist as to liability and damages. These cases are few and far between.

Liability is legal responsibility for injury. A good lawyer can usually prove negligence, or a lack of care. However, many insurance company defenses could apply, such as comparative fault, that shift liability, at least in part, from the tortfeasor (negligent driver) to the victim.

Damages are the amount of compensation in the truck crash case. These damages usually include money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Insurance companies often hire medical “experts” who testify that the victim’s injuries are exaggerated.

Insurance companies usually make low-ball offers if they dispute liability and/or damages. So, to obtain maximum compensation, an attorney must take a case to the next level.

Formal Negotiations

After an attorney files legal paperwork, the judge usually appoints a mediator, who supervises settlement negotiations.

This supervision includes enforcing a duty to negotiate in good faith. A low-ball offer is not a good faith offer. “I’ll see you in court” is not a good faith negotiating position. Instead, the insurance company must make a reasonable offer and be willing to compromise to reach an agreement.

Mostly because of the good faith negotiation duty, civil mediation is about 90 percent successful in truck crash claims.

Connect With a Savvy San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. The sooner you reach out to us, the sooner we start working for you.

Source:

scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1202&context=facpub