Exactly What To Be Expecting During A New Orleans Truck Accident Lawsuit
Being involved in a trucking accident is frightening enough. There's no reason your lawsuit needs to be a terrible experience as well. Your case begins immediately after your accident and continues until you are awarded the damages you are owed. Which makes hiring a qualified attorney the first thing you should do.
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.
The Truck Driver Works For 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 lawsuit against the company is usually the better option because they will have insurance for the driver that can result in your receiving more money for damages. You may even be able to file a third party lawsuit against the driver's insurance company. When you talk to your New Orleans truck accident lawyer, be sure to ask whether it is better to file a suit against the company, the driver, or both.
Discovery
Evidence is gathered to support a claim in a process known as discovery. This is the first thing a lawyer will do before filing a lawsuit, as the evidence is used to determine whether damages should be awarded.
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.
Submitting a Letter of Demands and Going through 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.
Once they've received the letter, the opposing party can accept the amount your attorney has submitted and choose to settle the case quickly or they can attempt to negotiate for a reduced amount.
If a settlement is not reached through the letter of demands, then the parties may agree to mediation. If this also fails, then there is a trial. Even if the case does go to trial, it is possible for either party to settle before the trial's completion.
Going To 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.
They will explain that these kinds of cases are usually decided by a jury, who will decide who was at fault and assign damages accordingly. It is possible that you may be declared partially at fault, and the jury will decide how much was your responsibility and how much was the driver's. For example, if you're considered to be 15 percent at fault, then that amount will be deducted from the amount you're awarded in damages.
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.
The Truck Driver Works For 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 lawsuit against the company is usually the better option because they will have insurance for the driver that can result in your receiving more money for damages. You may even be able to file a third party lawsuit against the driver's insurance company. When you talk to your New Orleans truck accident lawyer, be sure to ask whether it is better to file a suit against the company, the driver, or both.
Discovery
Evidence is gathered to support a claim in a process known as discovery. This is the first thing a lawyer will do before filing a lawsuit, as the evidence is used to determine whether damages should be awarded.
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.
Submitting a Letter of Demands and Going through 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.
Once they've received the letter, the opposing party can accept the amount your attorney has submitted and choose to settle the case quickly or they can attempt to negotiate for a reduced amount.
If a settlement is not reached through the letter of demands, then the parties may agree to mediation. If this also fails, then there is a trial. Even if the case does go to trial, it is possible for either party to settle before the trial's completion.
Going To 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.
They will explain that these kinds of cases are usually decided by a jury, who will decide who was at fault and assign damages accordingly. It is possible that you may be declared partially at fault, and the jury will decide how much was your responsibility and how much was the driver's. For example, if you're considered to be 15 percent at fault, then that amount will be deducted from the amount you're awarded in damages.
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 lawyers 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 injury lawyers.