How Do Commercial Truck Accidents Claims Work?
Getting into an accident, whether it’s a car, jeep or commercial truck is not easy on the body, mind and emotional well being. Apart from that if you want to file a lawsuit, you will have to go through an injury claims process. This is a daunting task and not the easiest to go through.
Any accident involving a commercial truck is problematic when it comes to the claim process. You will need to hire an experienced lawyer who knows how to get such stuff done such as Jaime Alvarado.
Before hiring an attorney and legal help, it is also good to understand yourself how truck accidents claims work so you know what you are getting into before filing a suit.
Who Can Be Liable?
A crash with a commercial truck can make it difficult to figure out who is liable for the damage as matters can get complicated. The truck driver himself can be held liable even if he was driving for an employer. The matter can be difficult, as according to the nature of your accident the claim can be filed in both federal and state court.
Work In The Same Way As Car Accident Claims
Truck accident claims are mostly similar to car accident ones. This means that the person filing the case has been in an accident due to the negligence of another individual, has suffered injuries because of the accident and wants to hold the other party liable for damages caused. This is a brief explanation; however in reality it is much deeper than that.
Burden Of Proof
This falls on the victim i.e. the person filing the claim and his legal representation has to prove that the accident happened because of the negligence of the truck driver. Their claims do need to meet certain legal requirements. You can ask your lawyer how this works however you have to prove four elements: legal duty, breach duty, causation and damages.
Should You Go To Trial Or Mediate And Settle?
Personal injury victims usually opt for settling as this is much less complex and they get a fair share of the damages they incur. Going to trial is a lengthy process and it is not always a guarantee that you will succeed or get a fair compensation for your damage. Most personal injury cases are actually resolved through settlement, and very few people bother to go to trial unless they have a solid case or one that involves a lot of legal complexities which is better to deal with in a courtroom.
What Are You Most Likely To Get Compensation For?
Your damages can include both financial and non financial compensation which can include:
- Medical expenses
- Emotional injuries suffered by the victim
- Emotional injuries suffered by the family of the victim
- Earnings that were lost because of physical injury
- Physical pain
These are the basics you need to know before filing a commercial truck accident claim and will better aid you in asking your lawyer the right questions. Remember, any legal process is complicated and takes time in order to weigh out your options and see if it is worth going through all the trouble. If you have any questions about commercial truck accidents please feel free to contact Jaime Alvarado & Associates at 915.852.0500.