When trucking accidents happen and people are hurt, a long legal process may be involved in filing an injury claim, and seeing any type of settlement. When filing such a case, injured accident victims may wonder exactly how much value their case has, if they can settle with the help of truck accident lawyers, or if their case may end up going to trial. Based on the events surrounding the incident, trucking accident attorneys look at all factors involved to determine whether an injury claim should be filed against a trucking company, and how to proceed with those claims.
What Is the Extent of Injuries Sustained?
A truck injury claim naturally revolves around some type of injury. To pursue a claim, the claimant must have suffered a physical injury in an accident with a truck. Claimants must also be able to prove that injuries being claimed are a direct result of the accident. Additional injuries, such as pain and suffering, mental trauma, and other such “injuries,” may also be considered in the case. However, there must first be a physical injury as a result of the accident, to warrant the filing of any claim. Liability must then be proven, and responsible parties determined. Obviously, the more serious the injury, the more important it is to determine fault.
Trucking accidents are unique in that often there can be more than one liable party. When an accident investigation finds a truck is responsible for an injurious accident, the next step is to determine the parties that are responsible for the accident. This may be the driver, the trucking company, the company that hired the trucking company, parts manufacturers, and/or others. Truck accident lawyers assert that knowing what direction to take an injury case, depends on knowing who is liable for the events leading to the accident.
One important aspect of submitting an injury claim is knowing to whom it should be submitted. By law, trucking companies must carry a certain amount of liability insurance, but sometimes this amount may not be enough to cover the injuries sustained by those injured in trucking accidents on I-45, or any other highway. Trucking accident attorneys must consider the total amount of a settlement claim, and then determine - based on which parties are responsible - whether the claim can be submitted to one of them - or if damages should be claimed based on a percentage of liability. Another thing to contemplate is whether filing a claim with a personal health insurance carrier, to help cover medical costs for underinsured motorists, is an option.
Settling Out of Court or Going to Trial
When deciding on the course of any injury case, the attorneys and their clients must determine what a fair award is for settling out of court, and at what point the case should be taken to trial. If an out-of-court settlement is preferable, lawyers must decide if the case is strong and obvious enough for their settlement demands to be accepted. When there is a dispute over settlement amounts, and offers are too low, injured parties have two basic choices - either accept the low offer, or proceed to trial.
Injury claims involving I-45 trucking accidents - or crashes on any other roadways - can be very complex cases; however, they all start with the same basic questions. Based upon the answers to these questions, truck accident lawyers can expertly advise clients on the best course of action, in order to receive just compensation for their injuries. Yet this process is not always completely black and white. Therefore, anyone who has been injured in a trucking accident should always work with qualified trucking accident attorneys for the best outcome, and the appropriate injury claim award!
Pearland, Pasadena, Webster, League City, Webser, Manvel, Alvin, Friendswood, La Marque, Texas City, and Galveston
Hildebrand & Wilson, LLP
Robert W. Hildebrand, Attorney at Law
J. Daniel Wilson, Attorney at Law
7830 Broadway, Suite 122
Pearland TX 77581
Phone: (281) 408-2190