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.
A Commercial Company
Unlike other auto accidents, a trucking accident is not usually between individuals and their insurance companies. A commercial trucker should not simply be viewed as a private entity when drafting a claim if there is a larger company involved.
A good New Orleans truck accident lawyer will offer suggestions to their client on whether a suit should be filed against the company, the driver, or both. It may be preferable to file suit against the company, as there can be an opportunity to sue for higher damages. It may even be possible to sue the driver's insurance company or involve them as part of a third party suit.
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.
The Letter of Demands and Mediation
After a New Orleans truck accident lawyer collects the evidence, they will submit a letter of demands, which will initiate the process of the lawsuit. The letter will inform the opposing party or parties of the intention to sue and will detail the injuries and losses incurred because of the accident and the amount of compensatory damage the client is seeking.
The opposing party can agree to settle the case quickly by accepting the amount presented in the letter of demands or a mediation may be arranged.
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.
These cases are usually decided by a jury, who will decide who is at fault and the percentage of their fault. It is possible for both parties to be considered partially at fault, and damages are adjusted accordingly. For example, if you are considered to be 15 percent at fault, then your damages will be lowered by that amount.
Hiring a New Orleans truck accident lawyer is the first action to be taken after a trucking accident. They will guide their client through the steps of a lawsuit, from discovery to trial, and will protect the interests of their clients and seek out the maximum amount of damages possible.
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.
A Commercial Company
Unlike other auto accidents, a trucking accident is not usually between individuals and their insurance companies. A commercial trucker should not simply be viewed as a private entity when drafting a claim if there is a larger company involved.
A good New Orleans truck accident lawyer will offer suggestions to their client on whether a suit should be filed against the company, the driver, or both. It may be preferable to file suit against the company, as there can be an opportunity to sue for higher damages. It may even be possible to sue the driver's insurance company or involve them as part of a third party suit.
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.
The Letter of Demands and Mediation
After a New Orleans truck accident lawyer collects the evidence, they will submit a letter of demands, which will initiate the process of the lawsuit. The letter will inform the opposing party or parties of the intention to sue and will detail the injuries and losses incurred because of the accident and the amount of compensatory damage the client is seeking.
The opposing party can agree to settle the case quickly by accepting the amount presented in the letter of demands or a mediation may be arranged.
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.
These cases are usually decided by a jury, who will decide who is at fault and the percentage of their fault. It is possible for both parties to be considered partially at fault, and damages are adjusted accordingly. For example, if you are considered to be 15 percent at fault, then your damages will be lowered by that amount.
Hiring a New Orleans truck accident lawyer is the first action to be taken after a trucking accident. They will guide their client through the steps of a lawsuit, from discovery to trial, and will protect the interests of their clients and seek out the maximum amount of damages possible.
About the Author:
The New Orleans truck accident attorneys at The Lambert Firm help people who have been injured in accidents. Contact them today to schedule a free consultation with one of our experienced New Orleans personal injury attorneys.
No comments:
Post a Comment