An Award
Winning Team!

How to File a Truck Accident Lawsuit

How to File a Truck Accident Lawsuit

Truck accidents typically cause massive property damage, significant injuries, and loss of life. The victims who are fortunate enough to survive are often left with debilitating injuries, expensive medical bills, and tremendous debt.

You may file a lawsuit after a truck accident caused by another driver’s negligence. The good news is that filing a truck accident lawsuit involves a straightforward process if you hire an attorney.

In this guide, we’ll show you how to file a truck accident lawsuit with the help of an experienced truck accident lawyer.

Schedule a Free Initial Consultation Today!

What is a Truck Accident Claim?

A truck accident claim is a lawsuit that states all the following:

  • You were injured in a serious truck accident.
  • The negligence of the defendant caused the truck accident.
  • As a result, you should recover compensation for your injuries, pain, and suffering.

You do not file truck accident claims against the driver, but their insurance company instead. After the accident, their auto insurance company will likely challenge the assertion that their policyholder was at fault.

As a result, they may refute your claim to avoid a passive payout. As a result, you can file a truck accident claim as a counterargument and legal measure to secure fair compensation for your injuries.

Hire a lawyer when filing a truck accident claim. They can file the necessary paperwork, investigate the accident, and send a demand letter directly to the insurance company.

Filing a Truck Accident Lawsuit

In addition, your attorney will attempt to negotiate a fair settlement for you. If a settlement can’t be reached, they will go to court to argue your case before a judge and jury.

As you can see, a truck accident claim gives people legal recourse in holding others accountable for a breach of duty of care towards them. Generally speaking, a truck accident victim can punish the defendant, namely their insurance company, for their negligence.

Also, a successful truck accident claim awards a financial settlement that can be used to eliminate debt and improve the plaintiff’s financial well-being. Usually, truck accident attorneys work on a contingency basis, meaning they won’t charge clients anything unless they win.

This means you have nothing to lose when filing a truck accident claim and hiring the lawyer of your choice.

How Do Truck Accident Claims Work?

Not all truck accidents are the same, but they usually follow a similar process. With that said, here are the core aspects of a truck accident claim:

Provide Evidence of Fault and Liability

The key to winning your truck accident claim is proving three things:

  1. The other driver was at fault for the accident.
  2. Because of their negligence, you received substantial injuries.
  3. Finally, you should be compensated fairly for the defendant’s breached duty of care.

In civil claims, the burden of proof falls on the plaintiff. This means it’s up to you to prove your claim, as the defendant can simply deny it even happened. You’ll need to supply a preponderance of evidence to satisfy your burden of proof.

Simply put, it’s up to you to gather sufficient and critical elements of evidence.

For example, if you claim that another driver ran a red light and slammed into your car, you’ll can provide:

  • Witness statements, photographic, or video evidence that details the traffic violation.
  • Your medical report shows the extent of your injuries.
  • Expert testimony from a doctor showing a correlation between the accident and your injuries, just in case the defense argues they’re unrelated.

Providing this evidence will not only refute the defense’s counterclaim and show that you should receive compensation commensurate with your grief.

Demonstrate the Full Extent of Your Injuries

Truck accidents can cause many injuries, from traumatic brain injuries (TBIs) to broken bones. If you received medical attention for these injuries, you can establish a paper trail showing the medical trauma you’ve endured.

Your lawyer will typically rely on medical bills, your medical report, and expert testimony from your doctor to prove how severe your injuries are.

With that said, the defense will argue either two things:

  1. Your injuries aren’t really serious, and you’re exaggerating.
  2. Your injuries are real, but they were pre-existing conditions unrelated to the accident.

Having an experienced truck accident attorney on your side can help dispel these arguments so you can build a rock-solid claim.

Present a Monetary Figure That Represents the Total Cost of Your Losses

Severe injuries result in expensive medical and rehabilitation costs. In addition, the victim will almost always miss time from work to recover. This can become a problem if the victim is unable to pay their bills, especially while dealing with crippling medical debt.

As such, a major part of your truck accident claim is proving that the defendant’s negligence put you in a horrible financial position – and that they should be held liable.

Here are the damages you can sue for in your truck accident claim:

  • Medical expenses: Medical bills can pile up after a truck accident, especially if you have to go to rehab. You can add medical damages to your claim if they have reached a staggering amount.
  • Lost wages: If you’ve missed time from work, you can add the amount you would’ve normally received from your salary into your truck accident claim.
  • Punitive damages: These damages are meant to punish the defendant for negligence and possibly deter future careless behavior. You can add punitive damages to our claim for a defendant’s extreme negligence, such as intoxicated driving.
  • Pain and suffering: This is a more vague type of legal damage. It refers to the emotional, mental, and physical anguish you received because of your accident. These damages can have varying estimations based on the circumstances of your accident.

Ultimately, it can be difficult for the plaintiff to determine the claim's value alone. This even increases the possibility of them accepting a low-ball settlement offer from the insurance company.

With the help of an attorney, you can accurately ascertain the value of your claim and fight for the damages you deserve.

Argue the Defendant Caused Your Damages

Finally, your claim must successfully argue the defendant is liable for damages related to your accident. Most civil claims end in a settlement. If the insurance company believes your claim has merit, they will more often than not attempt to reach a settlement.

That way, they avoid the tremendous legal costs and risks of going to trial. Still, this outcome isn’t a guarantee. A competent lawyer will prepare for every possibility and build a compelling argument to win at the settlement table or in the courtroom.

The Process of Filing a Truck Accident Claim

Now that you know the fundamentals of a truck accident claim, let’s go over the process of how to file one.

Hire a Truck Accident Attorney

The first step in filing a truck accident claim is hiring an attorney.

Hiring a lawyer gives you the best shot at receiving maximum compensation for your claim because:

  • A lawyer will deliver your claim and ensure the insurance company takes your claim seriously.
  • An attorney has valuable courtroom and negotiation experience.
  • A lawyer will properly evaluate your claim, preventing the insurance company from tricking you.
  • Your lawyer has several resources and tools at their disposal, such as investigators and expert witnesses.

An insurance company that’s armed to the teeth with lawyers will welcome the chance to take your solo claim on. They may even deny your claim outright and dare you to take them to court.

Hiring a lawyer helps you to avoid this outcome and level the playing field against a powerful insurance company.

File the Claim

In Georgia, the statute of limitations for filing a truck claim is two years from the date of your accident. An attorney will meet this filing requirement.

For example, your lawyer will file the necessary paperwork in court, issue a demand letter and summons to the defendant, and provide an answer within an adequate time frame.

Deliver the Summons

A summons is an official legal notice that’s sent to the defendant. It’s simply warning them that the plaintiff has taken legal action against them. Shortly after, your lawyer will issue a demand letter to the defendant.

A demand letter entails:

  • An accusation of negligence on the defendant’s part.
  • An introductory settlement offer to avoid a trial.
  • Conditions of the settlement.
  • Contact information of the law firm.

Once these documents are delivered, the claims process formally begins. You’ll actually need to wait for the insurance company to answer by a date determined in the demand letter.

Navigate the Discovery Process

During the discovery process, your lawyer and the insurance company’s legal team will convene to discuss the claim.

During this phase, both sides will:

  • Determine if your claim has merit.
  • Review evidence that supports your claim.
  • Decide if to accept or deny your settlement.

The discovery process can take a while. Your lawyer will ideally begin gathering information and evidence before setting up a formal meeting with the insurance company.

This way, they can show up with vital evidence to use as a bargaining chip during initial negotiations. If your claim is like most, the insurance company may decide to settle.

Otherwise, your claim will turn into a lawsuit and advance to trial.

Head to Trial

Your attorney will pivot and build a rock-solid legal strategy if your claim advances to trial. Trials can take a long time to be resolved, which can become a problem for the defendant.

Your lawyer doesn’t get paid until you win the claim, so you can afford to go to trial if necessary. The insurance company, on the other hand, has to pay its lawyers during the trial process.

If your claim has significant merit, it’s possible for the insurance company to settle before a verdict is reached. In fact, a settlement can be reached anytime throughout a trial, from the opening moments to just before jury deliberation begins.

Why You Should Hire the Atlanta Personal Injury Group

hiring a lawyer

If you’re ready to file a truck accident claim, look no further than the legal team at the Atlanta Personal Injury Group. We have helped countless people recover financial compensation for their injuries.

We also know the strategies insurance companies will use to undermine your claim. Here are some more reasons why you should hire our firm:

  • We work on a contingency basis. You won’t pay a dime until we reach a settlement or resolve your claim in court.
  • Our lawyers are well-versed in filing effective truck accident claims. We’ve seen it all regarding what our opponent will throw at us. 
  • We have the tools and resources to help you build a solid claim.
  • We have an efficient claims strategy. Not only will we file your claim on time, our lawyers will make sure the defendant takes your claim seriously.
  • We’re dedicated to our clients and seek to give them peace of mind, while we navigate the claims process together.

Having a lawyer on your side makes the claims process less intimidating and more worthwhile. If you have been injured in a truck accident to no fault of your own, we would like to speak with you today.

Schedule a Consultation Today!

Overall, the process of filing a truck accident can lead to two successful outcomes. You can either settle the claim out of court or win a successful verdict. Either way, you win in the end.

At the Atlanta Personal Injury Group, we strongly believe you shouldn’t deal with the consequences of your accident alone. Contact us today if you’re ready to fight for fair compensation for your injuries.

Schedule a consultation with our team of personal injury lawyers so we can learn about your claim.

Jennifer Gore-Cuthbert - Owner & Attorney

Attorney Jennifer Gore-Cuthbert was seriously injured in a collision and experienced firsthand dealing with uncooperative insurance companies. She knows what it is like to feel overwhelmed and under-educated about your rights after a collision. That is why she has dedicated this firm to fighting for accident victims and their loved ones. The goal of The Atlanta Personal Injury Law Group – Gore LLC is to provide you with excellent legal advice, based on our experience in representing injured automobile drivers and passengers from all across the State of Georgia.

Jennifer's Bio