The aftermath of a truck accident is a traumatic and overwhelming experience. Aside from dealing with physical injuries and emotional distress, there is also the process of filing a claim with the insurance company. Unfortunately, insurance companies are not on your side; they aim to minimize their financial liability. That is why it is always best to call a truck accident attorney.
The legal process for truck accidents may move glacially and certainly not fast enough for you when you want the money you deserve. However, you must go through this process before receiving compensation for your damages. Insurance companies drag out the claims process for as long as possible because they think it strengthens their position at your expense. A settlement offer does not mean what you think it may when you first receive it. Instead of a serious attempt to settle your case, the initial offer is just the opening of an arduous negotiation process that will undoubtedly test your patience.
You cannot do much to control the timing of your claim or lawsuit. The only step you can take to move things along is to hire a truck accident attorney to build your case. They can pressure insurance companies and send them a strong message that they cannot take advantage of you. A San Antonio truck accident attorney gives you a credible threat of litigation, which is the language the insurance company speaks.
Insurance companies are known for their tactics to minimize payouts, and truck accident claims are no exception. You level the playing field by hiring a lawyer to protect your rights. Lawyers are skilled negotiators who know how to deal with the insurance claim process. They can handle all communication with the insurance company and advocate for your best interests, fighting for the maximum compensation you deserve.
You Must Know the Value of Your Case Before Anything Else
Before you have filed a claim or lawsuit, your truck accident attorney has worked to calculate the amount of money that you are due in a settlement or court case. Depending on the severity of your injuries, they may even work with expert witnesses to learn more about the extent of your damages. You should know the full value of your case before you try to deal with the insurance company. Insurance companies already have this information and will try to use it to their advantage in the negotiation process. If you do not know what your case is worth, you will get far less than the full amount of money you deserve.
Trucking companies are legally responsible for the actions of their employees that occur on the job. When you can prove the trucking company's negligence, it must pay you for the economic and non-economic damages you have suffered.
Truck accident damages include the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Scarring and disfigurement
- Embarrassment and humiliation
Since truck accidents cause more serious injuries because of the large size of the vehicle, chances are that you have suffered serious injuries. Thus, truck accident cases are worth more than other types of personal injury actions. Further, the law requires insurance companies to have a high minimum insurance coverage. If they do not have enough coverage to pay for your injuries fully, you can even go after their assets in a judgment.
Insurance Companies Cannot Impose a Settlement On You
Insurance companies are not in a position where they can unilaterally determine your damages in the claims process. They are not in a role where they can make a calculation and tell you what you are getting. When you can establish that the truck driver or trucking company was negligent, you have a legal right to receive full compensation for the injuries that you have suffered. You have the right to get paid for all the harm you have endured, including economic and non-economic damages.
Your damages reflect the amount you have lost, not just what the insurance company wants to pay you. Even if the insurance company offers you a certain amount of money, you are under no obligation to accept it. Do not forget the role of insurance companies in a truck accident case. They are supposed to step into the shoes of their policyholder and defend them from whatever action you may file. Thus, you should always consider insurance companies as your adversary in a truck accident case because their interests are the opposite of yours. They want to pay you as little money as they can get away with while you are trying to maximize the amount of your truck accident settlement.
A Lawsuit or Claim Is Often a Negotiation Above All Else
Insurance companies view the claims process as a negotiation, which is precisely the approach you should take. They will never make you the best offer they can possibly make you at first. Like any negotiator, insurance companies will almost always leave room to increase their offer as negotiations progress, leaving themselves with a substantial amount of leeway. Your truck accident lawyer has also given you some ability to compromise as negotiations progress.
The initial settlement offer you receive will be far less than your case's total value. Insurance companies have many motivations for making you a low settlement offer. First, they may telegraph that they want to settle your case but are not yet ready to do so on your terms. Second, insurance companies may want to put out a feeler to see how you react. They do not expect you to accept the settlement offer, but they hope you will take less money than you deserve (which will not happen if a truck accident attorney represents you).
Third, insurance companies want to add time to the claims process. Although they are not necessarily trying to run out the clock before the statute of limitations expires, they are trying to take advantage of what they may think is your desperate financial situation. Insurance companies believe the more time that elapses, the better the chance you may settle your case for less than its full value.
What Happens After the Insurance Company Makes the First Settlement Offer
When you hire a truck accident lawyer, they will review any settlement offer the insurance company makes and give you professional advice about responding. Even if the insurance company offers you what appears to be a lot of money, do not let this fool you. What is seemingly a large check is not in your best interests when your injuries demand that you have the legal right to more compensation. Also, you should not consider any figure that purports to be an average truck accident settlement because you have no idea about the circumstances of other people’s cases.
You will have several options, assuming you reject the trucking company’s initial settlement offer. Your truck accident attorney will often advise you to stick with the negotiation process, at least for now. They may counter the insurance company’s offer with one of your own or suggest you reduce the initial amount of money you seek to reach a settlement. Your truck accident lawyer can do this informally, or they can submit a demand letter to the insurance company, a more formal way of proceeding.
You need to prepare yourself for a lengthy process because it is exceedingly rare that you will get your money in a short period. Truck accident cases may take years instead of months, and you must be as patient as possible because that is how you can take on insurance companies. They are tough negotiators, hoping that you will blink first and take a lesser amount of money. As tempting as it may be to accept a settlement so your case is over and you get your money, you should not do it when the offer is less than the full amount that you deserve.
You Do Not Have to Continue Negotiating with the Insurance Company
If you believe the insurance company is acting unreasonably, you do not have to persist with the truck accident claims process. You engage in the claims process of your own free will because that is what your truck accident lawyer has advised is in your best interests. They may have felt that you lose nothing by at least trying to resolve your case through the claims process or discussing a settlement with the insurance company.
If you have been pursuing a more informal claim, you can always file a legal complaint in court that begins the truck accident lawsuit process. You can ultimately take the case out of the insurance company’s hands and allow the jury to decide. At the very minimum, filing a truck accident lawsuit will start the clock on the insurance company and introduce a finite ending date to your case (when your case will go to trial and the jury makes a decision).
Even if you have filed a truck accident lawsuit, it does not mean your case will ultimately end in a trial before a jury. You will likely continue to negotiate with the insurance company right up to the time when your lawsuit goes to a hearing. You have up to the time of a trial to reach an agreement on a settlement. In the meantime, you can build a stronger case through the discovery process, obtaining evidence from the trucking company to strengthen your negligence claim.
You Stand a More Favorable Result With a Truck Accident Attorney
Insurance companies will size up those who sit across the figurative table from them in a settlement negotiation. You need to make them fear you to motivate them to raise their offer to a more realistic level. Insurance companies have nothing to fear and they do not have your interests in mind. They will only sit up and take notice when they see you have representation from a truck accident attorney with a track record of holding insurance companies accountable. Insurance companies generally know of the tougher attorneys by their reputation. Thus, you must hire a truck accident lawyer with experience in these cases and a track record of successfully litigating cases. Your truck accident case may not go to trial, but you should prepare as if it will.
If you do not already have a truck accident attorney representing you, now is the time to contact one to schedule a free initial consultation. The more time your truck accident lawyer has to work, the stronger a case you can build. Although you should not file a claim or lawsuit until you have reached the point of maximum medical improvement, your truck accident attorney can always begin their investigation of the accident so that you can file your claim once you are ready.
Furthermore, dealing with a truck accident claim can be time-consuming and stressful. If you are already dealing with injuries and medical appointments, adding the burden of negotiating a claim can be overwhelming. Hiring a lawyer allows you to focus on your recovery while they handle the legal aspects of your case. They will gather the necessary evidence, interview witnesses, and build a strong case on your behalf, relieving you of the burden of dealing with the insurance company.
If you are worried about how you can afford a truck accident attorney, the good news is that they work on a contingency fee basis. This arrangement means that an attorney's fees are contingent on the successful outcome of your case. If your attorney secures you a settlement or jury award, they will receive an agreed-on percentage of your compensation. You will not owe your attorney any money if you do not win your case.
A Truck Accident Accident Attorney is Standing By
Hiring a San Antonio Personal Injury Lawyer is in your best interest when negotiating truck accident claims with the insurance company. Their experience, negotiation skills, and ability to handle the legal process will significantly improve your chances of receiving fair compensation for your damages. Let a lawyer be your advocate during this difficult time.
