What Should Someone Do If Their Claim Is Denied?
If they deny the claim outright, quite frankly, you are going to need to have somebody professionally investigate the case. You must make sure that the denial is not reasonable. Most likely, after a professional investigation is done with the assistance of a lawyer and their experts, then a lawsuit will need to be filed. That lawsuit will need to be filed in the proper venue. It is so important that the proper venue is chosen by an experienced trial lawyer. An experienced truck trial lawyer will know the differences between possible venues that could be available because of the uniqueness of these particular types of claims.
When you are dealing with most trucking companies, you are dealing with interstate commerce so that opens up the door for the possibility that the case could be filed in federal court which in some states, is a far better venue than state court. But if the accident happens in a county where the jurisdiction is good for plaintiffs in state court, the case may be able to be filed in that arena. But if they deny the case in its entirety, then litigation is what is going to have to happen in order to ultimately prevail and receive either a settlement through the litigation process or a judgment.
What Types Of Damages Are Awarded In A Commercial Vehicle Accident Claim?
One would seek compensation for payment of all of their medical bills, including those medical bills that are paid by insurance. One would also request all lost wages, past, present and future as well as future post-accident loss of earning capacity, which in many of these accidents is a very significant loss to the accident victim. Then one would also request the value of future medical care and then, of course, one would also request pain and suffering and disability damages for the severe injuries that are often suffered in these types of accidents.
Can Someone Successfully Navigate A Commercial Vehicle Accident Claim On Their Own?
I have seen some people try to navigate this on their own and they typically reach a settlement with the trucking company that is worth far less than total value of the case. Most of the time, what I see is situations where people receive a third to fifty percent of what they would have received had they hired an experienced attorney who properly investigated the facts of the accident, the medical conditions and damages caused by the accident. Unless you know how to put together a proper demand, you are going to leave a lot of things on the table that you do not know about. There could be damages or proof of liability that would or could lead to a far better recovery against the trucking company.
The trucking company has professionals they have on board only in your case. They are competent and good at minimizing and negotiating claims. If necessary, litigate the case. In those cases where people are representing themselves, they often receive far less money than they should have to cover all of their damages.
What Sets You Apart In Handling Commercial Vehicle Accident Claims?
Our experience and successes in these cases involves our knowledge about the complexities of the federal regulations and having used those to put together comprehensive multiple demands that have resulted in multiple multi-million dollar settlements. Our knowledge and experience in both settling and litigating these particular cases is complex and requires a lot of attention to detail both with respect to the law and the facts of each case.
It is our experience when you demand or litigate these cases, you better know all of the federal and state rules that could possibly apply to your case and how to gather the facts that involve the mechanical aspects of the accident and who to use as far as experts to help you in putting those pieces together. We have a number of experts that we have used, and we do not use the same experts over and over again because that creates a certain problem as well.
It creates a problem of bias, but we do use a number of experts that are well-qualified in accident reconstruction, black box data retrieval, interpretation, medical records review and life care planning experts that result in getting our clients the optimal dollar or recovery of dollars for our personal injury victims.
Additional Information Regarding Commercial Vehicle Accident Claims?
You just need to understand that the trucking industry is aware of its problems. What they have done is prepare themselves for the inevitability of an accident and have already hired what they believe to be the necessary experts to minimize their losses when an accident does occur. They spend a lot of time working on minimizing your ability to make a recovery by having the experts already in place and hired before your accident takes place and the purpose of these experts is not to prove your case, but to prove a defense that could be used to limit or deny your case.
For more information on Dealing With Denial Of A Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (316) 263-0001 today.