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.
If you're in the New Orleans area you'll want to hire a qualified New Orleans truck accident attorney. They will walk you through the steps of your case, from filing the first claim to the final resolution. There's no reason you have to handle things alone, not when there are excellent lawyers willing to fight on your behalf.
The Truck Driver Works For A Commercial Company
One of the key differences between a trucking accident case and other types of auto accidents is that the truck driver is not a private entity. He is part of a commercial company, and the case will involve this company in one way or another.
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.
The Discovery Period
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.
An attorney will conduct the investigation and make sure that the evidence is available by the time your case goes to court. They will conduct interviews, check the trucking company records, including the driver's personnel file and qualifications, and gather police reports and accident photos.
Submitting a Letter of Demands and Going through Mediation
After evidence is collected, your New Orleans truck accident lawyer will submit a letter of demands. This letter formally initiates the process of the lawsuit. It informs the opposing party or parties of your intention to sue. It also details the injuries and losses you have incurred and the amount of compensatory damages you are 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.
During the mediation, the parties meet to negotiate a mutually accepted settlement amount. If no amount is agreed upon, the case will go to trial and the lawyer will defend the rights of their client. Either party can agree to settle at any time before the trial's completion.
The Trial
Your attorney will represent your interests at all stages of the trial and will make sure that you are treated fairly. Before the trial, your lawyer will carefully prepare you to ensure you are ready to testify. Even if you aren't called to the stand, they will make sure you are comfortable before you step foot in the courtroom.
They will explain that these kinds of cases are usually decided by a jury, who will decide who was at fault and assign damages accordingly. It is possible that you may be declared partially at fault, and the jury will decide how much was your responsibility and how much was the driver's. For example, if you're considered to be 15 percent at fault, then that amount will be deducted from the amount you're awarded in damages.
At all points in the process, your New Orleans truck accident lawyer will be vital. Your lawyer will represent your interests at each stage of the process and be sure that you are awarded the maximum amount of damages possible for your case.
If you're in the New Orleans area you'll want to hire a qualified New Orleans truck accident attorney. They will walk you through the steps of your case, from filing the first claim to the final resolution. There's no reason you have to handle things alone, not when there are excellent lawyers willing to fight on your behalf.
The Truck Driver Works For A Commercial Company
One of the key differences between a trucking accident case and other types of auto accidents is that the truck driver is not a private entity. He is part of a commercial company, and the case will involve this company in one way or another.
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.
The Discovery Period
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.
An attorney will conduct the investigation and make sure that the evidence is available by the time your case goes to court. They will conduct interviews, check the trucking company records, including the driver's personnel file and qualifications, and gather police reports and accident photos.
Submitting a Letter of Demands and Going through Mediation
After evidence is collected, your New Orleans truck accident lawyer will submit a letter of demands. This letter formally initiates the process of the lawsuit. It informs the opposing party or parties of your intention to sue. It also details the injuries and losses you have incurred and the amount of compensatory damages you are 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.
During the mediation, the parties meet to negotiate a mutually accepted settlement amount. If no amount is agreed upon, the case will go to trial and the lawyer will defend the rights of their client. Either party can agree to settle at any time before the trial's completion.
The Trial
Your attorney will represent your interests at all stages of the trial and will make sure that you are treated fairly. Before the trial, your lawyer will carefully prepare you to ensure you are ready to testify. Even if you aren't called to the stand, they will make sure you are comfortable before you step foot in the courtroom.
They will explain that these kinds of cases are usually decided by a jury, who will decide who was at fault and assign damages accordingly. It is possible that you may be declared partially at fault, and the jury will decide how much was your responsibility and how much was the driver's. For example, if you're considered to be 15 percent at fault, then that amount will be deducted from the amount you're awarded in damages.
At all points in the process, your New Orleans truck accident lawyer will be vital. Your lawyer will represent your interests at each stage of the process and be sure that you are awarded the maximum amount of damages possible for your case.
About the Author:
If you've been hurt in a trucking accident, the New Orleans truck accident attorneys at The Lambert Firm can help you recover compensation. Schedule a meeting with an experienced New Orleans personal injury lawyer today to discuss your legal rights.
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