Will I have to go to court to pursue a truck accident claim?

Miley Legal Group

A truck accident claim may necessitate going to court to reach a fair resolution. If you are unable to reach a settlement with the defendant (often the trucking company), the case will likely go to court.

Initial Steps to File a Truck Accident Claim

Initially, a claim is filed with the liable party, which is often with the insurer for the trucking company. An investigation will be conducted to determine fault. At some point, you will need to communicate with the insurance company about the case. But since their interests are with the trucking company, it’s usually a good idea to have an attorney helping protect your rights.

An attorney can help you gather information and evidence. Your lawyer can also help handle any discussions with the insurer. During this time, the insurance company may decide to offer a settlement. If it’s fair, the claim will be settled. However, if the settlement offered isn’t reasonable, then it may lead to a lawsuit.

Pursuing a Lawsuit after a Truck Accident

Going to court generally isn’t the preferable way to resolve a case. But it’s important to note that there is the potential to still agree upon an amount that is fair before a trial begins. Until then, investigations and evidence gathering will continue. Documents will be exchanged and each side may ask and answer questions. This is called the discovery process.

Of course, if the case cannot be resolved then it will go to trial where a jury or a judge will decide the case. Any verdict will decide not only fault for the accident but how much compensation the injured person is entitled to recover.

With or without going to court, the process of a truck accident claim can be very complicated. Contact an attorney at The Miley Legal Group for help with an insurance claim and/or lawsuit. Call us at 304-931-4088 or fill out our contact form to set up a consultation.