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.
It is almost impossible to be successful in a trucking accident case without a qualified attorney. Gaining the support of a New Orleans truck accident lawyer will be vital to make a successful case.
A Commercial Company
One of the key differences between a trucking accident case and other types of auto accidents is that the truck driver is not a private entity. He is part of a commercial company, and the case will involve this company in one way or another.
Your New Orleans truck accident lawyer will suggest if it is best to file suit against the company, the driver or both. It may also be possible to sue the driver's insurance company or include them as a party in the lawsuit. A lawsuit against the company is usually preferred because this opens up a higher possibility of damages.
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.
In a trucking accident, evidence may include a trucking company's records, the driver's personnel file, the driver's qualifications, eyewitness testimony, police reports and accident photos. Investigation will be conducted by the attorney.
The Letter of Demands and Mediation
After evidence is collected, your New Orleans truck accident lawyer will submit a letter of demands. This letter formally initiates the process of the lawsuit. It informs the opposing party or parties of your intention to sue. It also details the injuries and losses you have incurred and the amount of compensatory damages you are seeking.
The opposing party can accept your attorney's amount and settle the case quickly or attempt to negotiate for a reduced amount. If either party disagrees with the amount, then the case will have to go to trial.
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 New Orleans truck accident lawyer will prepare you carefully for your trial. You will probably be required to testify your case.
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.
At all points in the process, your New Orleans truck accident lawyer will be vital. Your lawyer will represent your interests at each stage of the process and be sure that you are awarded the maximum amount of damages possible for your case.
It is almost impossible to be successful in a trucking accident case without a qualified attorney. Gaining the support of a New Orleans truck accident lawyer will be vital to make a successful case.
A Commercial Company
One of the key differences between a trucking accident case and other types of auto accidents is that the truck driver is not a private entity. He is part of a commercial company, and the case will involve this company in one way or another.
Your New Orleans truck accident lawyer will suggest if it is best to file suit against the company, the driver or both. It may also be possible to sue the driver's insurance company or include them as a party in the lawsuit. A lawsuit against the company is usually preferred because this opens up a higher possibility of damages.
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.
In a trucking accident, evidence may include a trucking company's records, the driver's personnel file, the driver's qualifications, eyewitness testimony, police reports and accident photos. Investigation will be conducted by the attorney.
The Letter of Demands and Mediation
After evidence is collected, your New Orleans truck accident lawyer will submit a letter of demands. This letter formally initiates the process of the lawsuit. It informs the opposing party or parties of your intention to sue. It also details the injuries and losses you have incurred and the amount of compensatory damages you are seeking.
The opposing party can accept your attorney's amount and settle the case quickly or attempt to negotiate for a reduced amount. If either party disagrees with the amount, then the case will have to go to trial.
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 New Orleans truck accident lawyer will prepare you carefully for your trial. You will probably be required to testify your case.
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.
At all points in the process, your New Orleans truck accident lawyer will be vital. Your lawyer will represent your interests at each stage of the process and be sure that you are awarded the maximum amount of damages possible for your case.
About the Author:
If you've been hurt in a trucking accident, the New Orleans truck accident attorneys at The Lambert Firm can help you recover compensation. Schedule a meeting with an experienced New Orleans personal injury lawyer today to discuss your legal rights.
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