After sustaining injuries in a South Carolina truck accident, your options for recovering compensation include filing an insurance claim and/or lawsuit against the truck’s driver and against any other party that may have contributed to the collision. However, what you may not know is that the vast majority of claims and lawsuits end in settlements without going to trial.
Understanding the truck accident settlement process is crucial for maximizing your compensation after sustaining serious injuries. With the help of an experienced and knowledgeable truck accident attorney, you can make the most of your claim by seeking a fair settlement for your losses.
Investigating and Gathering Evidence
When you hire a truck accident lawyer to handle your case, one of the first steps they’ll take is to investigate the collision and gather evidence. Truck accident cases are often more complex than car accident cases, involving multiple at-fault parties. So, identifying the parties and collecting proof that connects their actions to the crash and your injuries is vital.
The evidence your lawyer collects during this phase of your case will be instrumental in maximizing the compensation you could receive through a settlement. The more evidence your lawyer has – and the better that evidence is – the more likely the at-fault party’s insurance provider(s) will be to settle your case for a fair price rather than going to trial.
Some of the evidence your lawyer may collect to support your truck accident claim includes:
- Accident scene photos
- Traffic, surveillance, and dashboard camera footage
- Police accident reports
- Eyewitness statements
- Expert witness testimony, such as from medical professionals and accident reconstruction experts
- Trucking company internal communications
- Truck driver logbook entries
- Truck black box recordings
- Truck maintenance records
Filing an Insurance Claim
Once your lawyer has identified the at-fault parties and gathered the evidence needed to support your case, it’s time to file your insurance claims and then begin settlement negotiations.
Notify Insurers
The first step of filing an insurance claim is to notify the at-fault party’s insurer(s) of your intent to file a claim. This will initiate an internal process, during which the insurers will conduct their own investigations into the accident and collect evidence to support their side.
Notifying your own auto insurance company about the collision is also a good idea. Even if you don’t believe you were at fault, notifying your insurance carrier can help protect you from being personally liable for someone else’s losses if another party involved in the crash claims that you contributed to their injuries. It can also protect you if you end up needing to file a claim with your own insurance carrier or company, such as an uninsured/underinsured motorist claim.
Submit a Demand Letter
Next, your lawyer will submit a demand letter to the at-fault party’s insurance companies. Your demand letter explains the losses you sustained, the compensation you are seeking, and the evidence you have to support your claim.
Ideally, the insurance companies will read these letters, recognize that you’re asking for reasonable compensation for your losses and that you have solid evidence, and agree to pay out your claim without the need for negotiations. While this does happen in some cases, many insurers still try to negotiate for a better deal rather than agreeing to your settlement demand immediately.
Negotiating a Settlement
If the insurance companies don’t immediately accept the terms outlined in your demand letter, it’s time for negotiations. During negotiations, the parties’ lawyers will get together in an attempt to come to an agreement over the compensation owed for your injuries.
Through the negotiation process, your lawyer will demand the maximum compensation, and the insurance companies’ lawyers will try to limit their liability and reduce the compensation they must pay. It’s vital that you have an experienced truck accident lawyer with an understanding of all the state and federal trucking regulations that could apply to your case so that you can go into these negotiations with as much leverage as possible.
Filing a Lawsuit (If Negotiations Fail)
If the other party refuses to make a fair settlement offer, your lawyer can file a lawsuit and take your case to trial to seek the compensation you need. They will be prepared to present a strong case in court establishing the at-fault party’s liability and why you deserve the amount of compensation you are seeking.
Settlement negotiations may continue up until the point a verdict is issued. Sometimes, filing a truck accident lawsuit is the push the insurance company needs to take your claim seriously. In addition, some information needed cannot be obtained without filing a lawsuit.
Going to trial is often the last resort, as there is no guarantee things will go your way. It can also be more expensive and time-consuming for all parties involved. This is why most truck accident cases resolve with a settlement. However, it may be worth it to pursue the full amount of compensation you deserve.
Mediation and Arbitration
In some cases, you may go through mediation or arbitration in addition to settlement negotiations. These are more formal legal processes that may be used if negotiations aren’t getting anywhere:
- Mediation is a form of negotiation with a neutral third party to facilitate it.
- Arbitration is a process where the parties present their evidence to a neutral third party, who decides the case’s outcome.
Your truck accident attorney can explain these legal proceedings if they are necessary in your case.
Call Our Truck Accident Lawyer in South Carolina Today for Help
If you were injured in a South Carolina truck accident, you need a lawyer who will do whatever it takes to help you seek the compensation you need. Whether you have an auto insurance claim or a personal injury lawsuit against a third party, like a trucking company, it’s essential that you have a skilled negotiator on your side.
David Blackwell Law has over 25 years of experience handling truck accident cases, including those involving severe injuries. Although each case is unique and past results cannot guarantee future outcomes, we have recovered millions in meaningful compensation for injury victims, including many million-dollar-plus tractor-trailer accident cases. The quality legal assistance and personal care we provide leads our clients to leave us positive reviews and recommend our services to their friends and family, such as this one:
“Getting into an accident is always an unfortunate event but having a great team like this on your side will make a huge difference. I could have never received what I did alone.” – John C.
Contact our firm for a free legal consultation with an experienced and highly qualified South Carolina truck accident lawyer. We’ll review your case, explain your options for seeking fair compensation, and walk you through what to expect from a potential settlement.
