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.
Commercial Trucking Companies
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.
A good New Orleans truck accident lawyer will offer suggestions to their client on whether a suit should be filed against the company, the driver, or both. It may be preferable to file suit against the company, as there can be an opportunity to sue for higher damages. It may even be possible to sue the driver's insurance company or involve them as part of a third party suit.
The Investigation and Evidence
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.
Mediation and Letter of Demands
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 agree to settle the case quickly by accepting the amount presented in the letter of demands or a mediation may be arranged.
There may be a mediation, where both parties come together to seek an agreement, but if an out of court settlement isn't reached the case will have to go to trial. At any time before the trial's completion, you or the opposing party can choose to settle the case.
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.
A jury will usually be assigned to this kind of case and will decide who is at fault and the percentage of their fault, adjusting the damages accordingly. It is possible for both parties to be considered partially at fault. For example, if the client is found to be 15 percent at fault, then the damages will be lowered by that amount. A lawyer will present the evidence and assure that their client is treated fairly and receives the compensation they are entitled to.
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.
Commercial Trucking Companies
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.
A good New Orleans truck accident lawyer will offer suggestions to their client on whether a suit should be filed against the company, the driver, or both. It may be preferable to file suit against the company, as there can be an opportunity to sue for higher damages. It may even be possible to sue the driver's insurance company or involve them as part of a third party suit.
The Investigation and Evidence
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.
Mediation and Letter of Demands
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 agree to settle the case quickly by accepting the amount presented in the letter of demands or a mediation may be arranged.
There may be a mediation, where both parties come together to seek an agreement, but if an out of court settlement isn't reached the case will have to go to trial. At any time before the trial's completion, you or the opposing party can choose to settle the case.
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.
A jury will usually be assigned to this kind of case and will decide who is at fault and the percentage of their fault, adjusting the damages accordingly. It is possible for both parties to be considered partially at fault. For example, if the client is found to be 15 percent at fault, then the damages will be lowered by that amount. A lawyer will present the evidence and assure that their client is treated fairly and receives the compensation they are entitled to.
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 18 wheeler accident lawyers at The Lambert Firm can help you recover compensation. Schedule a meeting with an experienced accident attorney in New Orleans today to discuss your legal rights.
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