Table of Contents Hide
- Truck Accident Statistics
- Who Is a “Truck Accident Lawyer”?
- Why are Truck Accidents Different from Other Accidents?
- What Is the Role of a Commercial Truck Accident Lawyer?
- Tort Law and Truck Accident Lawyers
- Is It Necessary to Hire a Commercial Truck Accident lawyer?
- How to Find a Commercial Truck Accident Lawyer
- When Should You Hire a Truck Accident Lawyer?
- Should I Hire A Commercial Truck Accident Lawyer For A Minor Accident?
- What Kinds of Damages Can I Recover After a Commercial Truck Accident?
- Will My Truck Accident Lawyer Negotiate With Insurance Companies on My Behalf?
- How Your Commercial Truck Accident Lawyer Can Assist You With Insurance Companies
- How Long Does It Take to Resolve a Truck Accident Claim?
- How Much Do Truck Accident Lawyers Get Paid?
- When Your Truck Accident Lawyer Is Paid
- How Much Should You Accept in the Event of a Truck Accident?
- How Long Do I Have After a Truck Accident to File a Lawsuit?
- Truck Accident Lawyer FAQ’s
- Why you should hire a truck accident lawyer?
- How do I check a lawyer's reputation?
- What's the difference between attorney and lawyer?
If you or a loved one was injured in a truck accident, you are most certainly in pain and trying to figure out what to do next. Truck accident lawyers can help you identify the responsible person or parties, collect evidence, interview eyewitnesses, negotiate with the insurance company, and, if necessary, take the matter to trial.
A commercial truck accident lawyer can handle all aspects of your case while you focus on healing or caring for a family member who has been wounded in an accident that was not your fault.
Truck Accident Statistics
In 2018, 4,136 persons were killed in heavy truck incidents, according to the Insurance Institute for Highway Safety (IIHS). The majority of those killed (67%) were occupants of cars or other passenger vehicles, while 16% were truck occupants and 15% were bike riders, motorcyclists, or pedestrians.
In 2018, 74 percent of heavy truck accident fatalities included tractor-trailers, while 27 percent involved single-unit vehicles. In certain cases, both types of trucks were involved in the collision. Although 52 percent of heavy truck accident fatalities occurred on major highways, truck accidents can happen anywhere.
You are likely entitled to compensation for your medical bills, lost earnings, and other losses, regardless of where your accident occurred. To seek compensation, you must submit a personal injury claim with the insurance company of the at-fault driver or trucking firm, which an expert truck accident lawyer may assist you with.
Who Is a “Truck Accident Lawyer”?
Truck accident lawyers are personal injury lawyers that focus on truck accident claims. Personal injury lawyers handle all types of cases involving injuries caused by negligence. These injuries could occur as a result of a truck accident, a vehicle accident, a bus accident, or a premises liability accident, for example.
A commercial truck accident lawyer specializes in truck accident cases. You should also consult with this type of attorney following a truck accident since they will understand the complexities that these types of accidents entail.
There are various reasons why truck accidents differ from other types of car accidents.
Why are Truck Accidents Different from Other Accidents?
When fully loaded, a semi-truck can weigh up to 80,000 pounds on the road. That’s gigantic in comparison to a conventional car or truck, and something that big can have serious effects in the event of an accident.
Large truck accidents are more serious than other types of accidents because of the following reasons:
- When driving at high speeds, these trucks require longer to stop or change positions.
- When compared to other drivers, truck drivers have less visibility.
- Many trucks transport hazardous products that can cause additional harm in the event of an accident.
- When involved in a collision, large trucks are at risk of tipping over or rolling.
- Truck drivers endure long shifts, which might cause exhaustion, tiredness, or irritation if they don’t get enough rest.
Although truck drivers are held to higher standards on the road and their employers are required to follow strict scheduling guidelines, not everyone follows them. Drivers frequently face strict deadlines, which may motivate them to forego rest times and drive when weary. This can result in hazardous situations that raise the likelihood of an accident. Finding the best lawyer to handle your lawsuit can be a very personal experience. It’s both factual and emotional – you want to know that the law company you hire has the experience and is well-known. It’s also critical to have a positive, trusting relationship with your legal team.
What Is the Role of a Commercial Truck Accident Lawyer?
Truck accident lawyers are a sort of personal injury lawyers. They specialize in truck accident cases. We’ll go through some of the most important things truck accident lawyers do for their clients down below.
Tort Law and Truck Accident Lawyers
Truck accident lawyers, like all personal injury lawyers, practice tort law, which involves a private or civil wrong or injury that can be compensated for financially.
Truck accident lawyers assist truck accident victims in seeking compensation for their injuries from the party who was at fault in the accident. They seek to legally “make whole” the injured party by compensating for losses such as medical expenditures, lost wages, property damage, and pain and suffering.
Personal injury lawyers may specialize in a variety of accident scenarios. Truck accident lawyers, as the name suggests, are experts in truck accident claims and lawsuits. When it comes to truck accident lawyers, there is a lot that goes into their work.
#1. Case Investigation
Truck accident lawyers will conduct research and investigations into the situations of injury victims who turn to them for legal assistance. They may choose to engage with the client if they believe the case is valid and has a strong probability of prevailing.
Because they practice on a contingency basis, truck accident lawyers must be selective in the cases they accept. That is, they are only paid if they obtain a settlement or award for the client, and their fee is calculated as a percentage of that sum.
#2. Obtaining Evidence
When a truck accident lawyer decides to take on a truck accident case, they will conduct an investigation. This may entail visiting the accident location, studying photographs, speaking with witnesses and obtaining statements, reviewing the victim’s expenses, and projecting future costs.
When they have acquired enough evidence, the lawyer will begin constructing a viable truck accident claim.
#2. Sending the Demand Letter
The demand letter is a document that outlines the details of the accident as well as the amount of compensation sought by the victim in damages. This demand letter will be sent to the at-fault party’s insurance company by a truck accident lawyer.
#3. Negotiating a Compromise
The insurance company must react when the truck accident lawyer issues the demand letter. They have the claim of accepting the claim, rejecting it, or submitting a counteroffer. Insurance firms will sometimes attempt to contact the truck accident victim immediately following the accident.
Insurance companies generally try to deny a truck accident claim or submit a settlement offer that is far too low. The lawyer will next work with the insurance company to reach a reasonable payment for their client. Many instances finish here, however, this is not always the case.
#4. Complaint Transmission
If the insurance company refuses to negotiate and the victim decides to sue, the lawyer will file a formal complaint. The lawsuit is now officially underway.
#5. Discovery and Trial Preparation
A matter may still be settled before going to trial, but a truck accident lawyer will start preparing for anything. They will begin gathering evidence and conducting research in order to prepare for the lawsuit’s discovery phase. Then, if they need to go to trial, they’ll be prepared to represent their client at each level.
Is It Necessary to Hire a Commercial Truck Accident lawyer?
Yes. Hiring a truck accident lawyer is nearly always worthwhile, as long as they have expertise and skill working on these types of cases. A truck accident lawyer can assist you in obtaining the compensation you are entitled to.
How to Find a Commercial Truck Accident Lawyer
Although you may want to hire a commercial truck accident lawyer as soon as possible, it is critical to complete your homework and choose a legal company that is most suited to you and your situation.
Here are seven points to consider while looking for a truck accident lawyer:
The reputation of your lawyer is arguably the best predictor of how effective they will be and how well they will cooperate with opposing counsel. The greatest approach to discovering a good lawyer is through word-of-mouth referrals from friends, coworkers, or other individuals you know personally.
If a lawyer has been successful and responsive to previous clients, it shows that they are not only good at their job but also have the respect of other lawyers in the community. If your case is in a small city or town, the reputations of the truck accident lawyers and judges are well known. You want to deal with an attorney who is well-known in the neighborhood.
If you don’t have any referrals, you can request a list of client references from a prospective lawyer. You can also look online for reviews, news stories, and other information to see if people have had generally pleasant experiences with the company.
Most truck accident lawyers’ websites will feature a bio that includes personal information such as where they went to school, how long they’ve been practicing, and possibly some important cases they’ve won over their career.
Commercial truck accidents, in particular, are a specialization. A personal injury lawyer may have a lot of expertise in slip and fall lawsuits, but it doesn’t imply they’ll be a good candidate for a truck accident.
Don’t be scared to ask a lawyer how many similar instances they’ve handled during your initial consultation. Did they triumph? Settle? These are critical figures to be aware of before hiring a law company.
A truck accident may necessitate the use of multiple experts to determine culpability. Depending on the nature of the accident, your lawyer may need accident reconstruction experts, traffic engineers, medical experts, actuaries, and others to help create your case based on the facts available.
An experienced truck accident lawyer will have a list of specialists on whom to rely in these types of instances. Inquire with your lawyer about that expertise. How many times have they collaborated? How many years of experience do the specialists have? Is your lawyer’s firm well-funded enough to hire the top experts?
Businessyield’s tip: It is customary in the legal field for a personal injury lawyer to not be paid by the client until the litigation is successfully resolved. The lawyer is paid a share of the settlement or verdict.
However, this means that the lawyer must pay for expert witnesses until the matter is resolved. That is an investment on the side of the lawyer, and you should be sure that the firm is willing to make that investment before your settlement or verdict is awarded.
Your lawyer’s work includes doing a comprehensive investigation into your claim. A police report does not always provide the entire picture. The lawyer will need to recruit professionals who can reconstruct what happened and how especially if there are concerns regarding who was liable and how much each participant was at blame.
#4. Negotiation Abilities
Negotiations may turn out to be the most crucial aspect of your litigation. Consider it a balancing act. Your lawyer will present the facts, employ strategy and tactics, and craft a compelling argument for why and how much you should be compensated.
Each state has its own set of damage laws. In some places, if you are judged to be partially liable, you may not be able to recover damages.
Your lawyer’s function includes minimizing your responsibility for the accident. Being a plaintiff in a truck accident case does not necessarily require you to go on the offensive. You may also require some defense from time to time.
The trucking business may try to hold you responsible for all or part of the accident, and your lawyer will endeavor to minimize your share of the blame as much as possible.
It doesn’t matter how much experience your lawyer as if he or she is too preoccupied to give your case the attention it needs. Ask yourself the following questions to obtain a sense of how committed the prospective attorney will be to serving you:
- When you first phoned or emailed the legal firm, how responsive were they?
- Did you get a response from a lawyer that day?
- Was your call replied by an assistant or secretary, or directly by the lawyer?
- How quickly were you able to schedule a meeting with the lawyer?
- Did the lawyer offer you their complete attention once you arrived at the office, or did they appear distracted?
Your lawyer will be quite busy. Because most law companies are humming with activity, this is virtually always a given. Your case, however, is just as essential as any other. A reputable law company has the personnel and resources to be available when you need them.
Choosing a lawyer can be analogous to selecting a doctor or therapy. If your case involves serious injuries, as truck accident cases frequently do, you may encounter some unpleasant moments when you must reveal deeply personal matters with your lawyer. Your lawyer will need to know exactly how your injuries impacted your way of life.
For example, perhaps you’ve suffered from sexual dysfunction as a result of the accident. Perhaps you’re dealing with depression or another mental health issue.
Don’t be afraid to share every detail with your truck accident lawyers. The greater the impact of the accident on your life, the more money you may be entitled to claim in damages. Don’t leave out key details of your tale because you’re too embarrassed to discuss them.
Your lawyer can only assist you to the amount that you allow them to, which involves being upfront and honest about how the accident has affected you.
If you feel like your lawyer isn’t listening to you with compassion and care for your situation, you may need to find a new lawyer. Regrettably, compassion is not taught in law school. Your lawyer may be a kind individual, but you and he may not be a good fit. It happens, and there’s no reason to feel horrible or guilty about it. You have the right to the best representation in the manner that makes you feel most at ease.
Keep in mind that most truck accident lawyers rely extensively on assistants and paralegals for much of their day-to-day client communication. Before the lawyer met with you to learn more about your case, you may have had a pre-screening phone chat with an assistant.
The basic rule in personal injury litigation is that you do not pay your lawyer until your case is successfully resolved. The lawyer is paid a contingency fee, which is a percentage of your settlement or verdict reward. If your case is unsuccessful, you should not have to pay any legal fees.
This usually works in your favor because you don’t have to spend anything upfront. If a lawyer agrees to take your case, it’s a positive sign that they believe your claim will be successful. Any contingency fee payment arrangement is a risk for them because they don’t get paid if you don’t recover anything.
However, be aware of hidden fees. If the case goes to trial, some truck accident lawyers will increase the proportion of their contingency fee. Some may bill you for certain expenses.
Make a written agreement outlining your attorney’s fees. Be willing and ready to bargain for a reduced fee. Some truck accident lawyers are willing to yield on fee percentages, but not all. If you’re looking at two lawyers in the same city with similar practices and reputations, their fees are likely to be comparable. Always compare prices to guarantee you’re getting a good bargain.
When Should You Hire a Truck Accident Lawyer?
In many cases, seeking recovery from a truck accident case can be tough. You may be wondering if you need to hire a lawyer to help you with your accident claim.
A skilled commercial truck accident lawyer can help you secure fair compensation in almost any situation, but here are some of the most crucial reasons to hire one.
#1. It’s possible that several parties were involved.
Truck accidents frequently involve several parties, and many of them may be somewhat to blame for the accident. Because truck accidents can be so convoluted, you will need the assistance of a lawyer who can identify all parties involved. They can ensure that you seek compensation from all possible sources while also protecting your legal rights.
#2. You’re not sure where to begin with your case.
Following a truck accident, there are numerous details to keep track of. You will need to collect evidence of the at-fault party’s liability, your damages, and other factors. If you wait too long, you may severely diminish or possibly lose the compensation you are entitled to.
When you contact a truck accident lawyer, you will be speaking with someone who will review your case and advise you on where to begin. Because most truck accident lawyers do not charge any upfront fees and only get paid if they win you money, you can be confident that they are making decisions in your best interests.
#3. Your Losses Are Exorbitant
Following your truck accident, you are likely to incur charges such as:
- Medical costs
- Wage loss or lack of earning capacity
- Vehicle deterioration (or a totaled vehicle)
- Damages for pain and suffering
Although these types of injuries are typical in car accidents, they can be serious in a truck accident. Large trucks have the potential to cause catastrophic injuries and massive damage. A lawyer can make certain that you obtain reimbursement for all of your losses.
#4. You Are Unable to Work
Contact a truck accident lawyer if your injuries prevent you from working for an extended period of time or from working in the same capacity as before. They will assist you in calculating your total missed pay and seeking compensation for the impact the accident has had on your capacity to earn a living for yourself and your family.
#5. The Insurance Company Makes Things Difficult
Because there may be numerous people responsible for your accident, you may have to deal with multiple insurance companies. This can soon become frustrating, as insurance companies frequently rush into action, seeking methods to lower what they have to pay you.
It is best to employ a truck accident lawyer from the start to deal with the insurance companies on your behalf. Your rights are so secured, and you are not at risk of being exploited.
Should I Hire A Commercial Truck Accident Lawyer For A Minor Accident?
Truck accidents don’t usually result in minor injuries, but even if yours are, it’s best to deal with an experienced truck accident lawyer. Often, the consequences of a truck accident are far more serious than they look. Furthermore, the at-fault party’s insurance company will attempt to lower the amount they pay you.
For the reasons stated above and more, it is best to employ or schedule a consultation with an experienced truck accident lawyer, even if the accident is small.
Even if the accident is minor, hiring a lawyer is worthwhile.
There are numerous reasons to consult with a lawyer following a minor truck accident. However, here are a few of the most important ones.
#1. Your losses may be more severe than you realize.
The damages to your truck may appear minimal immediately following the accident. Perhaps you don’t feel much discomfort, and your vehicle’s damages don’t appear to be very severe. You may believe that hiring a lawyer is too much of a hassle and that you simply want to move on from the accident.
The issue is that truck accident damages are frequently far bigger than they appear. Many truck accident injuries develop over the next few days or weeks. When your adrenaline is strong immediately following an accident, it can be difficult to feel the full extent of your injuries until later. In the future, you may incur considerable medical expenditures that must be accounted for.
Vehicle repair costs can often be much more than they appear. There may be considerable damage that you are unable to observe immediately following the accident. A truck accident lawyer will know how to assess each form of loss you have sustained, including emotional damages that are difficult to assess on your own.
#2. The Insurance Company Isn’t Going to Fight Fairly
After a truck accident, the insurance claims process can be quite confusing. First, because the truck, trucking firm, and driver may be covered by an insurance policy, it might be difficult to determine where to turn. Second, insurance companies will go to whatever length to avoid paying out a large sum of money on an injury claim.
Even if the accident appears to be minor, the insurance company will provide you far less than you deserve. This is referred to as a “lowball” offer. When you have a lawyer on your side, the playing field is leveled. The insurance company will realize that you are serious about receiving the amount you deserve, and your lawyer will work to negotiate a settlement that fully compensates you for your losses.
#3. Your legal rights will be safeguarded.
If you did not cause the accident (or were less than 50% at fault), you should not be required to pay for all of the expenditures, no matter how modest. Your lawyer will make certain that your legal rights are respected at the outset so that you are not taken advantage of. Furthermore, the truck accident lawyers at our firm work on a contingency basis. There is no charge unless they win money for you. As a result, there is no risk in allowing us to work for you.
What Kinds of Damages Can I Recover After a Commercial Truck Accident?
The amount of compensation you can receive following a truck accident will be determined by your specific losses as a result of the accident. If you were not at fault for what happened, you can file a personal injury claim for your damages with the at-fault party’s insurance company. Here are some of the most frequent damages that you may be able to recover in a truck accident claim.
The types of damages you can gather are divided into three categories:
- Economic losses
- Non-economic losses
- Punitive damages.
Let us take a deeper look at each of them.
#1. Economic Losses in a Truck Accident
Special damages are another name for economic damages. They must be proven in order to be recovered in your claim, and the majority will have a monetary value.
Medical bills are usually the most expensive part of a truck accident claim. They may include the following:
- Medical expenses in an emergency
- Visits to the doctor
- Prescription drugs
- Long-term treatment, such as physical therapy
- Medical treatment in the future
You must maintain track of all medical invoices and receipts pertaining to your medical expenses. Also, make sure you’re following all of your doctor’s treatment prescriptions and aren’t missing any appointments. If you do not follow through on your therapy, the insurance company may use this as an excuse to offer you less.
If you were working at the time of your accident, you would most likely have to miss work—possibly a significant amount of time. You can seek compensation for lost wages. To demonstrate lost income in your claim, you will most likely need to present previous pay stubs and other proof from your employer.
If your accident injuries prevent you from working in the same capacity as before, you may be able to collect “loss of earning ability” damages.
If your car was totaled or needs repairs as a result of the accident, you can include property damage in your claim. Other personal property that was damaged in the accident, such as jewelry or electronics, is also considered property damage.
In addition to the cost of medical care, you may be able to receive reimbursement for the cost of travel to and from appointments.
Fees for Legal Services
If you engage with an experienced truck accident lawyer at John Foy & Associates, you will not be charged any lawyer costs unless we win your case—and you will not be charged until your case is resolved. Having said that, you can normally claim any legal bills as damages in your claim.
#2. Non-Economic Truck Accident Damages
Non-economic damages, often known as general damages, are a type of damage that does not have a monetary value. They cannot be shown by bills or receipts, unlike economic damages. These damages cover physical and emotional pain caused by the accident, such as mental agony, disfigurement, fear, or anxiety.
Because non-economic damages are difficult to assess, you will need the assistance of a lawyer to determine your value.
#3. Punitive Damages in the Event of a Truck Accident
In each injury accident, punitive damages have one purpose: to punish the wrongdoer. They are usually eligible for collection if the defendant engaged in very heinous activity such as willful misbehavior, malice, or fraud.
Will My Truck Accident Lawyer Negotiate With Insurance Companies on My Behalf?
Yes, your truck accident lawyer can manage all insurance company interactions. Allowing them to do this is a fantastic idea. Insurance companies are constantly looking for methods to decrease the injury of money they have to pay out to injured people, and an experienced lawyer will know how to deal with these techniques.
Insurance Company Strategies Following a Truck Accident
After you file a personal injury claim, insurance companies will hunt for any way to give you less. They may, for example, do the following:
- Using whatever you say against you
- Providing you with a low-ball settlement up front
- Pressuring you to accept a lower settlement than you deserve
- You are being blamed for some or all of the accident.
- They are delaying their response to your claim.
- Intimidating you throughout the process
After a truck accident, it can be difficult to know where to turn, what to do, or who to trust, especially if you are in pain and stressed. Insurance companies are well aware that they can take advantage of this, therefore it’s essential to have a lawyer on your side who can safeguard your legal rights.
How Your Commercial Truck Accident Lawyer Can Assist You With Insurance Companies
Here are some of the finest ways a truck accident lawyer may assist you in dealing with insurance companies following a truck accident.
#1. Getting in Touch with the Insurance Company
You won’t have to worry about speaking with the at-fault party’s insurance company if you have an experienced lawyer on your side. Instead, we strongly advise you to allow your lawyer do the talking. They will be familiar with dealing with insurance companies throughout the claims procedure.
While your lawyer handles the insurance company, you may concentrate on recovering from your injuries and spending time with your family. Furthermore, you won’t have to worry about saying or doing anything that could be used against you in court.
#2. Negotiating a Reasonable Settlement
Following the filing of your injury claim, the insurance company will frequently submit a lowball counteroffer. This sum will be far less than what you require to compensate your damages, so your lawyer will begin negotiating with the insurance company for a reasonable settlement. When the insurance company sees you are working with an experienced lawyer, they are far more likely to agree to a bigger payment.
#3. Obtaining Proof of Fault and Damages
The insurance company will be looking for convincing evidence of the at-fault party’s liability as well as the extent of your damages. To create a compelling claim, your lawyer will conduct extensive research and evidence gathering. This will significantly improve your chances of receiving a fair settlement.
#4. Contacting Your Own Insurance Company
You will almost certainly need to notify your own auto insurance company about the truck accident. While this is less risky than reporting to the at-fault party’s insurance company, you should still be cautious about providing too much information.
You can have your lawyer interact with your insurance provider instead of worrying about what to say.
It is advisable to contact a truck accident lawyer as soon as possible to ensure that everything is handled properly.
How Long Does It Take to Resolve a Truck Accident Claim?
The length of time it takes to settle a truck accident claim is determined by various factors. Depending on specific factors, each situation can be vastly different. Because truck accidents frequently result in significant, life-threatening injuries, investigations can take longer simply because there is more to investigate.
Although it can be aggravating to have to wait longer for your case to be settled, a faster settlement is not always preferable. It may imply that you are not receiving the full amount of compensation you are entitled to. Instead, it is best to meet with a truck accident lawyer as soon as possible so that you can have a sense of how your case should go.
Here are some of the most important criteria that influence how long a case may take to resolve.
#1. Hiring a Truck Accident lawyer
Having a lawyer on your side can actually lengthen the time it takes to settle your lawsuit, which is usually a good thing. Insurance companies will be more willing to award you a greater settlement if they see you are dealing with a qualified lawyer—but they will not make it easy.
The insurance company may take its time, anticipating that you will accept a lower settlement to expedite the process. Furthermore, a lawyer will want to haggle if the insurer offers you a lowball settlement, which adds time to the process. Fortunately, this extra time usually implies that it will be worthwhile in the end.
#2. Liability Insurance
Liability is critical in a Georgia truck accident claim. Both the insurance company and your lawyer will want to know who was to blame for your accident. In contrast to other types of car accidents, it is not rare for more than one party to be at blame in a truck accident.
Because both parties will want to know who caused the accident and what percentage of culpability they bear, the inquiry process might take a long time.
#3. Insurance Verification
Large insurance coverage frequently covers transportation businesses and their drivers. Unfortunately, this also means that their insurance companies have expert adjusters and their own attorneys working to decrease the amount of money they pay on each claim.
Your lawyer and the insurance company will both spend time researching each insurance policy and how it applies to your accident.
#4. Timetable for Medical Treatment
Before you can actually know how much your damages will be, it’s best to undergo medical treatment as completely as possible. This is due to the fact that your medical expenses will account for the majority of your truck accident claim.
Because truck accidents can be so terrible, you will almost certainly require extensive care, which will take time. Although it may be tempting to seek a settlement before you recuperate, it is advisable to wait so that you can accurately estimate all current and future medical costs. This covers lost pay and other treatment-related expenses.
#5. The Negotiation Methodology
Following the filing of your claim, your lawyer will almost certainly wind up negotiating with the insurance company. The bargaining process might take a long time, especially if there are numerous parties at fault for the accident. Negotiation, on the other hand, is usually positive and generally results in a much better settlement than if you hadn’t retained a lawyer.
How Much Do Truck Accident Lawyers Get Paid?
The majority of accident lawyers work on a contingency fee basis. This means that they will not charge you a price for their services unless you win money. If they do win you money, their fee is calculated as a percentage of the settlement or award you received.
Contingency costs might vary based on the lawyer and the length of your case, but usually, lawyers take between 33.3 percent (or one-third) and 40% of what they win for you.
Recognizing the Contingency Fee
Most personal injury lawyers work on contingency, which allows you to begin working with them right away without incurring any upfront charges. It also ensures that your lawyer is looking out for your best interests because they do not be paid unless you win money.
While most accident lawyers charge a contingency fee of 33.33% to 40%, there are situations when you may notice significantly higher rates.
Fees on a contingency basis based on case resolution
For example, if you hired a lawyer who obtained a $90,000 settlement in a car accident caused by another motorist, their 33.3 percent contingency fee would be around $30,000, and you would receive the remaining $60,000. Some lawyers will charge a greater fee if the case goes to trial or if you file a lawsuit, as well as if mediation or arbitration is required.
A greater charge compensates for the additional work and expenses associated with the lawsuit procedure. Even if you are able to settle before going to trial, a smart lawyer will conduct the necessary investigation and research to prepare you for trial along the way.
Other Case Fees
Aside from the contingency fee, there are other costs associated with the lawsuit, such as:
- Copies of police reports
- Medical records copies
- Fees for filing in court
- Postage fees
- Fees for expert witnesses
- Fees for investigators
- Fees for deposition
- Exhibits in court
Most lawyers will not charge you for these expenses when they arise. Instead, they will simply subtract them from your settlement once their fees have been deducted. A lawyer may absorb particular expenses in various situations, based on your case and your contract with them.
It’s advisable to set up a session and ask specific questions about how a lawyer charges costs. This will give you an idea of what to expect on the journey.
When Your Truck Accident Lawyer Is Paid
When your lawyer obtains a settlement for you, they will normally receive the cheque immediately from the insurance company. This permits your lawyer to deduct their fees before delivering you the remainder of the payment.
Your lawyer will deduct the contingency fee you agreed to before working with them, as well as any additional fees incurred throughout the course of your case. Your lawyer will also supply you with an itemized account of all costs and expenses.
Inquire With Your Lawyer About Their Fee Percentage
Although the majority of accident lawyers work on a contingency fee of 33.3 percent to 40%, each will approach your case differently. As a result, you should book a consultation as soon as possible and inquire about the lawyer’s fee structure. That way, you’ll know what to expect and guarantee that you’re a good match.
How Much Should You Accept in the Event of a Truck Accident?
Truck accident victims frequently worry about how much they should accept as a settlement in their claim. Unfortunately, we can’t give everyone a single number—or even an average. Every case is unique, and how much you can settle for is determined by a variety of circumstances.
#1. Who Was to Blame for the Accident?
In Georgia, the at-fault party in a personal injury accident is legally responsible for the damages. Truck accident cases can become complicated since many parties are sometimes at blame. The truck driver, their trucking firm, a technician who worked on the truck, the components manufacturer, a cargo loader, or even another motorist could have all been at fault in the accident.
When more than one person or entity is to blame for what transpired, it might complicate your case. Furthermore, if you were partially at blame for the crash, you may be able to recover less than what you are legally entitled to. These are the kinds of things you’ll want to talk about with your truck accident lawyer.
#2. Companies that provide insurance
When it comes to truck accidents, both the trucking firm and the truck driver may have insurance policies. A policy may cover both the truck and its cargo in some cases. This can make collecting reimbursement more difficult, and it may necessitate filing more than one insurance claim.
It’s possible that separate parties and their insurance companies will blame each other for the accident. Again, you’ll need to consult with a lawyer who understands how to manage this type of issue and how it may affect how much you can settle for.
#3. Your Losses
Your damages are one of the most important aspects of a truck accident case. You’ll need to acquire a solid sense of your costs by looking at things like:
- Medical expenses
- Medications on prescription
- Wages have been lost.
- Medical expenses in the future
- Vehicle maintenance or replacement
- Damages for pain and suffering
- Funeral or burial expenses (if you are filing a wrongful death claim on behalf of a loved one)
The consequences of a truck accident can be severe and long-lasting. A catastrophic injury may necessitate years of treatment. The injuries could have a long-term, if not permanent, influence on your life.
You may also sustain emotional harm that lasts for years.
You and your lawyer must analyze all of your losses as a result of the truck accident. This will give you a better notion of how much you should settle for—and, more significantly, what you should not settle for.
How Long Do I Have After a Truck Accident to File a Lawsuit?
In most cases, you have two years from the date of your truck accident to file a lawsuit. This is true for both filing a personal injury claim and a lawsuit. As a result, the sooner you begin working on your truck accident case, the better the outcome will be.
Choosing Between a Lawsuit and an Insurance Claim
You may not even need to file a lawsuit to recover compensation for your truck accident damages. Following the accident, you can file a personal injury claim with the at-fault party’s insurance company in order to obtain compensation.
Your insurance claim must demonstrate how the driver was at fault for your accident and demonstrate that the accident caused your damages. You’ll also have to deal with the insurance company, which will try to limit how much they can pay you. Negotiating a reasonable settlement with the insurance company frequently necessitates the assistance of a truck accident lawyer.
If you and your lawyer are unable to reach an acceptable settlement with the insurance company, you may elect to sue the at-fault party. Lawsuits can be time-consuming and costly, so you should carefully examine the pros and cons before filing one.
In any case, you have two years.
It makes no difference whether you file an insurance claim or a lawsuit. In either case, the statute of limitations for bringing legal action is two years from the date of your accident. Don’t put off starting your lawsuit or filing your claim until the last minute.
Truck Accident Lawyer FAQ’s
Why you should hire a truck accident lawyer?
Non-Economic Damages Can Be Recovered With the Assistance of a Truck Accident Injury Lawyer. There is a potential that the insurance company will provide you with a large enough payout to cover all of your medical expenses related to the accident. Even if they do, refuse to sign.
How do I check a lawyer's reputation?
The easiest approach for the public to confirm that an attorney is licensed to practice law in a certain jurisdiction is to contact the licensing or regulating agency in that state that awards the bar license. In most states, the state bar or state bar association is in charge of the licensing or regulatory agency.
What's the difference between attorney and lawyer?
Lawyers are individuals who have completed law school and, in many cases, have taken and passed the bar test. An attorney is someone who is not only educated and taught in the law but also practices it in court.