Unfortunately, truck accidents are frequent occurrences that often leave many injured parties wondering if they need to hire a truck accident attorney for help.
What if you don’t think your injuries are serious? What if the insurance company is sympathetic and says they will handle everything for you? What if they tell you not to hire an attorney? What if the at-fault party accepts responsibility?
Regardless of the “what ifs” in these scenarios, it’s always in your best interest to contact an experienced truck accident attorney after a commercial vehicle crash.
No matter how minor it might seem or if you believe the insurance company has it under control, it’s better to find out directly from an attorney if you need legal representation than to assume that you don’t simply.
If you fail to contact a truck accident attorney, you can lose important legal rights without even knowing it. Trucking industry insurance companies and other parties might take advantage of you, and you may not receive the financial compensation you rightfully deserve.
When Should You Contact a Truck Accident Attorney?
As soon as possible after being involved in a truck accident, you should reach out to a seasoned truck accident attorney. Your priority should always be your health and well-being, so see a doctor first. Once you are medically stable, your next job is to meet with a lawyer.
The lawyer can review the specific facts of your accident to determine if you have a legal claim and what your next steps should be. Most attorneys offer free initial consultations, so you have nothing to lose. If the attorney doesn’t think you have a valid case, they will let you know, and you owe nothing for their time and advice.
Contacting an attorney sooner rather than later is beneficial for many reasons, including:
The Statute of Limitations
All states have a deadline, known as the statute of limitations, for filing personal injury cases, including truck accident cases. Suppose you don’t file your legal case within the deadline. In that case, you forfeit your right to use the civil legal system to pursue compensation for your injuries and damages.
Most states have a statute of limitations between one and four years after the crash, with many having a two-year statute of limitations. Sometimes, the deadline can vary— for example, if a minor child suffers an injury or the at-fault party leaves the state.
An experienced local attorney will know what statute of limitations applies to your case and can work to ensure that it is filed with the appropriate court within the statute of limitations.
Understanding the Actual Value of Your Case
By contacting an attorney as soon as possible, you can understand the value of your injury claim immediately. Why does this matter? Because some insurance adjusters like to call claimants right away to get them to accept a settlement.
This might sound like a nice gesture and like it would be a relief to get a settlement right away. However, chances are their settlement offer is much lower than the claim’s actual value.
You should never accept a settlement offer without first speaking to an attorney who can tell you what your case is likely worth. It’s usually worth waiting longer to receive compensation that better matches your damages.
If you have difficulty paying your medical bills during that time, speak to your attorney. They may arrange a medical lien. With such a lien, your medical providers agree to wait for payment until you receive a settlement check or a court award.
It’s also crucial to understand that immediately after your accident, it may be impossible to ascertain the full value of your case. At that point, your injuries and their potential long-term impact on your life will likely be unknown. It may take several months to accurately calculate these into your claim’s value.
Protecting Your Case
Unfortunately, what you don’t know can hurt you regarding truck accident cases. If you speak with the insurance company without first meeting with an attorney or having your attorney present, you may do or say something detrimental to your case without even knowing it.
For example:
- If the insurance adjuster calls you and asks how you are, replying with “fine” or “good” can imply that your injuries aren’t bothering you and that you are fully healed.
- The insurance adjuster may ask you leading questions, such as “You didn’t see the truck coming when you made the turn, did you?”
- The insurance adjuster might try to twist something that you say.
No matter how innocent your response, what you say can potentially have a negative impact on your claim. When you hire a truck accident attorney, they can take over communications with the insurance company. If the insurance company must speak with you, your attorney will be there to protect your rights.
For all of these reasons and many more, it’s in your best interest to contact a seasoned truck accident attorney as soon as possible after your involvement in a crash.
What are Contingency Fees?
Some accident victims don’t call an attorney because they believe they can’t afford one. However, most truck accident attorneys provide free, no-obligation initial consultations and work on contingency fees alone.
With a contingency fee arrangement, the injured individual pays nothing upfront. If and when their attorney settles their case, or they receive a court award, the attorney receives a predetermined percentage of the funds as their fees. You owe nothing upfront and nothing out of pocket.
In fact, even with paying for an attorney, most accident victims who have legal representation end up pocketing a higher settlement or court award than they would have if they represented themselves. Hiring an attorney is an excellent way to ensure that you maximize your claim and an investment into your claim that costs you nothing upfront.
What if Your Truck Accident Was Minor?
Even if your truck accident and injuries were minor, checking in with an attorney about your case is still a good idea. Let them decide if you have a case worth pursuing or not.
It’s better for them to tell you that you don’t have a case than to have a case and leave money on the table. The professional legal opinion of a well-versed attorney is invaluable after any motor vehicle crash.
How Do You Know if You Need a Truck Accident Attorney?
While you always want to discuss your accident with an attorney, there are some instances in which it’s quite evident that you should have legal representation.
You Sustained Severe or Catastrophic Injuries
If your injuries were severe or catastrophic, there is no doubt that you will want an attorney on your side. These types of injuries mean you likely have many high-value damages for which you deserve compensation.
You might require extensive and ongoing medical care, possibly for the rest of your life. You may be unable to return to work and need constant care.
It’s essential to hire an attorney who has the financial experts, such as actuarial accountants, they can rely on and the resources to determine how much your injuries might cost you in the future if you can’t return to work or need medical or other care for the rest of your life.
These types of injuries include:
- Traumatic brain injuries (TBI)
- Spinal cord injuries (SCI)
- Loss of a limb
Suppose you suffer these types of injuries and don’t receive the compensation you are entitled to. In that case, it can have severe, lasting implications on your finances and medical care. Therefore, hiring a seasoned truck accident attorney is imperative to maximizing your compensation.
There are Multiple At-Fault Parties
If multiple parties potentially caused your truck accident, you should have a lawyer on your side. The caveat is that sometimes accident victims don’t even realize if various parties can be at fault without seeking the counsel of an attorney. This is another reason why it’s best to meet with an attorney after any accident—there’s a lot you may not know or realize that can significantly impact your claim.
Parties that might have fault in causing your accident include:
- Other drivers
- Employers of other drivers
- Owners of the vehicles involved (if the driver isn’t the owner)
- Truck or truck parts manufacturers
- Truck-loading companies or employees
- Municipalities in charge of roads, road conditions, road design, or signs/lights
When you hire an experienced truck accident lawyer, they will thoroughly investigate your accident, possibly using an accident reconstructionist if necessary. Not only will this help determine how your accident happened, but it can also help pinpoint who is responsible.
If multiple parties are responsible, your compensation can be even more. A seasoned attorney can maximize compensation when various parties are at fault. In accidents involving potentially numerous at-fault parties, each one may point fingers and blame the others. This can cause your case to drag out longer than necessary. Having legal representation can help prevent this.
There are Multiple Injured Parties
In addition, you need an attorney if your accident involves multiple injured individuals, whether in your vehicle or another vehicle. You may not realize that insurance policies only cover up to a certain dollar amount. The more injured people that need to draw from that amount, the less compensation you stand to get.
Once again, this is a factor that you likely won’t know on your own, so having an attorney assess your case can be extremely helpful. Your lawyer can assemble a compelling argument, showing how much compensation you deserve for your injuries and why.
Suppose you don’t have someone on your side who can fight for your rights. In that case, you may end up getting nothing or very little for your injuries, while other victims who have attorneys get what they deserve or even more. With a skilled truck accident lawyer representing you, you can help level the playing field and ensure you get what is rightfully yours.
You Feel the Insurance Company Is Treating You Unfairly
Perhaps you have already tried to manage your claim on your own and aren’t getting very far. Maybe they have offered you a settlement that you aren’t sure about, are delaying the processing of your claim, or are trying to blame you for the accident. You have the right to enlist the help of an attorney at any point during your claim.
While hiring one from the start is ideal, if you don’t, you should know that unless you’ve already received a settlement, get an attorney on board who can make your claim more successful.
Once an insurance company realizes that you have legal representation, they understand that you take your claim seriously and will pursue full and fair compensation. They know they can’t get away with many tactics when the claimant has attorney representation.
You Don’t Have the Time, Resources, or Knowledge to Manage Your Claim
Handling a truck accident claim might initially seem simple or like the insurance company will cooperate. However, managing a claim requires many resources, several hours a day, and extensive legal and insurance knowledge.
All of this can quickly become overwhelming for someone who has recently sustained severe injuries in an accident and remain overwhelming for someone trying to return to work after healing from their injuries.
While your attorney will need your help and cooperation in gathering details, fact-finding, and obtaining medical and other records, you can focus on healing and getting back to your normal life as much as possible when you hire one to manage your case.
Your attorney will handle communications with the insurance companies, investigate your accident, settle negotiations, and most other aspects of your truck accident injury claim.
Did You Suffer Injuries in a Truck Accident? Call an Experienced Truck Accident Attorney Today
Being injured in a truck accident can have severe implications for your life for years to come. If this happens to you, don’t hesitate to reach out to an experienced truck accident attorney for help right away. Protect your legal interests and maximize your compensation right from the start. Contact Cape Girardeau personal injury lawyer to initiate legal proceedings in your case.