Filing a lawsuit after a truck accident is a complex legal process. It involves reporting your accident to the insurance company and filing your lawsuit with the appropriate court. You will also have to identify the at-fault party, prove the monetary value of your compensation request, negotiate an agreeable settlement, or take your case to court.
If you or someone you love was hurt in a trucking accident, you need to know how the process of filing a lawsuit works. A Denver truck accident lawyer can help you understand each phase, take on the at-fault party’s legal and insurance representatives, and get you more money, faster.
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What to Expect if Your Truck Accident Case Goes All the Way to Trial
This is a rare occurrence. The weight of your evidence collection will generally result in a settlement. Your truck accident lawyer will:
- Leverage the discovery process to understand any evidence the at-fault party’s legal team has accumulated
- Conduct depositions to hear from their witnesses and prepare you and any supporting witnesses for deposition or trial
If a settlement agreement cannot be reached and your case goes to court, your lawyer will prepare evidence and exhibits for trial. A fact finder (judge or jury) will make a final decision. To streamline your case, your legal team will fight hard for a settlement.
Identify the Defendant in Your Truck Accident Lawsuit
The at-fault party for a truck accident can be hard to pinpoint on your own. When a lawyer represents you, they will need to prove the legal elements of negligence that include:
- Duty: A person or entity owed you a legal duty of care
- Breach: The at-fault party breached their duty of care
- Causation: Their breach caused your accident and injuries
- Damages: The injuries resulted in financial expenses and losses
By establishing these elements, your lawyer can identify one or more negligent parties, including:
- The truck driver
- The trucking company
- The cargo loaders
- Truck maintenance crew
A government agency could also be liable if faulty traffic signs or road conditions caused or contributed to the accident.
Our Truck Accident Lawyers Document Your Injury Claim with a Paper Trail
Navigating a truck accident lawsuit starts with building a solid evidence collection. To steer your case toward a settlement and away from a trial, your lawyer will gather:
- Police reports
- Witness statements
- Photos of accident scene
- Accident reconstruction
- Medical records
- Salary history records
- Truck repair records
- Truck inspection reports
- Truck driver logbook
Your lawyer will collect evidence you might find hard to obtain, including official records, death certificates (if applicable), and road and traffic reports. They will also organize your evidence and submit it to the at-fault party to prove the negligence that caused your accident.
Track and Document Your Recoverable Truck Accident Damages
Compensation for a Colorado truck accident reimburses you for a variety of expenses and losses. Your truck accident attorney will help you track them to avoid undervaluing your compensation request.
Recoverable economic damages that would otherwise come out of your pocket include:
- Past and future medical expenses
- Rehabilitation and therapy costs
- Past and future losses of income
- Loss of future earning potential
- Property damage or total loss
- Diminished property value
In addition to these, your lawyer will request non-economic damages, that can be hard to quantify on your own, including:
- Lasting impairment
- Disfiguring injuries
- Physical pain and suffering
- Mental and emotional distress
- Diminished quality of life
To track your potential compensation, your lawyer will collect bills, receipts, estimates, invoices, and any other documents that aid in proving the monetary value of your case.
Financial Recovery for Fatal Truck Accidents
A wrongful death is one that is caused by another person’s or entity’s negligence. If a negligence-based truck accident claimed the life of a loved one, your family can recover wrongful death damages, including:
- Funeral and burial expenses
- Loss of a loved one’s income
- Loss of their domestic support
- Loss of consortium and care
- Loss of guidance and society
Your lawyer will clarify which family members can recover damages, how a wrongful death claim is filed, and how much time your family has to take action.
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Tell us about your case Colorado Law Limits Your Time to File a Truck Accident Lawsuit
One of the critical steps in seeking compensation after a truck accident is filing your lawsuit on time. In Colorado, the statute of limitations expires:
- Three years for a personal injury lawsuit, according to CO. Rev. Stat. § 13-80-101
- Two years for a wrongful death lawsuit, according to CO. Rev. Stat. § 13-80-102
If you miss the filing deadline, you could be barred from filing your lawsuit at all. A personal injury lawyer can help you avoid a potentially costly filing delay. Early intervention by a lawyer can also mean witnesses are interviewed while their recollections are vivid, and evidence is preserved.
An Attorney Will Fight to Settle Your Truck Accident Claim Without Going to Court
A settlement offer from the at-fault party’s insurance company can be tempting, especially when your injuries create medical expenses and prevent you from earning at the same time. There are advantages to letting a lawyer negotiate on your behalf before accepting a settlement.
They can protect you from:
- A speedy settlement that does not account for the full range of your recoverable damages
- Bad faith insurance practice that could lead to a lower financial offer than you are entitled to recover
The at-fault party’s insurance company’s primary concern is their bottom line. Your attorney’s primary concern is your best interests. They will fight hard for fair and appropriate truck accident compensation that ensures you get the medical care you need and the financial recovery you deserve.
Protect Your Rights and Discuss Your Case with a Truck Accident Lawyer Today
If you or someone you love was injured in a truck accident, our truck accident lawyers will help you understand how the truck accident lawsuit process works. We handle each step of the process for you, keeping you informed along the way.
Learn more about your compensation options with a free truck accident claim review. Contact our consultation team at Matlin Injury Law to get yours today.
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