Maximizing Your Insurance Claim for a Commercial Truck Accident
What Your Lawyer Should Accomplish After You Have Been Involved in a Commercial Truck Accident
Commercial truck accidents generally involve multiple parties and serious injuries that require guidance through a complex claims process from a competent commercial truck accident attorney.
The steps involved in filing a claim are as follows:
Put the trucking company’s insurer on notice of your claim
Collect evidence
Obtain accident reports
Engage an investigator to identify witnesses and obtain witness statements
Request medical records and bills
Notify your insurance company and request a PIP package
Commence a civil action against all negligent parties
Negotiate a settlement or proceed to trial
Obtain An Insurance Coverage Disclosure
In Massachusetts, insurers are required to disclose the insurance policy limits available to compensate an injured party:
M.G.L c. 175 § 112C
Section 112C. Any insurer doing business in the commonwealth shall reveal to an injured party making claim against an insured, the amount of the limits of said insured’s liability coverage, upon receiving a request in writing for such information from the injured party or his attorney. A reply shall be made within thirty days of receiving such request. Any insurer who fails to comply with the provisions of this section shall be liable to pay to the claimant the sum of five hundred dollars plus reasonable attorneys’ fees and expenses incurred in obtaining the coverage information provided for herein.
Document The Accident Scene
Evidence is crucial in commercial truck accident cases, as it can help establish liability and determine the cause of the accident. Evidence may include accident reports, witness statements, and physical evidence from the accident scene.
Collect Evidence
It’s essential to seek the advice of an experienced commercial truck accident attorney who can gather evidence on your behalf. The attorney should take the following steps:
Obtain local police and state police accident reconstruction reports
Obtain photographs from the Deputy Sheriff’s office
Engage an investigator to identify witnesses and obtain statements from witnesses
Request medical records and bills
Put your insurance company on notice that the collision occurred, that you were injured and request a Personal Protection Benefits (PIP) package necessary to get your medical bills paid
File a claim with the trucking company’s insurer
Consult with liability and medical expert witnesses
Commence a lawsuit against the truck driver
Complete discovery, file requests for admissions and conduct depositions
Attend Pre-Trial Conference, Trial Status Conference and prepare for trial
Negotiate a settlement or appear for trial
Negotiate A Settlement
When it comes to insurance settlements, you should not attempt to negotiate your own settlement. Commercial truck accidents often result in severe or life-altering injuries which complicate the settlement process and require calculations to compute damages for past, present and permanent injuries.
In many instances, commercial truck accident injury cases are settled out of court before appearing for jury empanelment. The amount of your settlement will be determined by a number of factors, including the nature and extent of your injuries, the amount of insurance coverage available, whether you have obtained expert opinion which sets forth the extent of your permanency of injury and how long you will live with any such disability according to the U. S. Department of Health and Human Services Life Expectancy tables. Your lawyer should understand how to posture your case and should discuss this process throughout the course of your case.
Promptly contact Attorney Snow for competent legal representation.
Maximize Your Compensation
The amount of compensation you will receive from a commercial truck accident depends on several factors, including the nature and severity of your injuries and the insurance coverage available to either the at-fault party or under your own policy, called uninsured or underinsured motorist coverage. Generally, the amount of your settlement and/or verdict is driven by your medical expenses, future medical expenses, lost wages, loss of earnings capacity, physical pain and mental suffering, permanency of injuries, loss of enjoyment of life, loss of spousal consortium and/or wrongful death.
Hire A Competent Attorney
The right lawyer for your commercial truck accident case will ensure a successful outcome. Key factors to consider when selecting an attorney include the following: experience in handling similar cases, a track record of results and communication skills that allow you to understand how your case is being handled. It is important to choose an attorney who you feel comfortable working with for the duration of your case which can take years to prosecute.
Conclusion
If you or a member of your family have been involved in a commercial truck accident, it’s essential to seek legal advice as soon as possible. The Snow Law Firm located in Mashpee, on Cape Cod, specializes in representing individuals injured in commercial truck accidents and will you through the claims process to ensure that you get the compensation that you deserve.
Attorney Steven T. Snow understands the complexities of these cases and will navigate the legal process with confidence. He offers a free consultation to discuss your case and will answer any questions you have. Contact the Snow Law Firm today to schedule an appointment and take the first step to successfully resolve your case.
Frequently Asked Questions
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If your injuries render you hospitalized, Attorney Snow will help secure a copy of the police/accident report, gather witness information, engage an investigator to take photos of the accident scene and vehicle damage, and notify your insurance company and the commercial truck insurance company about your claim.
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The right lawyer for your commercial truck accident case will ensure a successful outcome. An experienced attorney will help identify all potential responsible parties, likely with the assistance of qualified experts, and make sure you have a case that can be successfully prosecuted at trial.
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This depends on various factors, including the nature and severity of your injuries, the timing of reaching a medical end-result, and the method of resolution, whether it be through settlement, mediation, arbitration, or jury trial. Your lawyer will receive a “Tracking Order” from the Court, which outlines the deadlines for completing discovery and depositions, sharing expert disclosures with opposing counsel, and scheduling the Pre-Trial Conference, Trial Status Conference, and Jury Trial. An experienced lawyer will have no trouble explaining this process to you in a clear and concise manner.
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The responsible parties generally include the truck driver, his/her employer and the owner of the truck and/or trailer. The allocation of accountability hinges on the specific circumstances surrounding the collision and/or the extent of each parties’ negligence.
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After a commercial truck accident, it’s important to take immediate steps to protect your interests. Commercial truck accidents often require hospitalization, Attorney Snow will assist you by securing a copy of the police/accident report, gathering witness information, engaging an investigator to document the accident scene and vehicle damage, and putting your insurance company on notice about your claim.
Attorney Steven T. Snow PC
Steven T. Snow worked his way through law school as a retail stockbroker with Merrill Lynch. After earning his law degree from the Thomas M. Cooley Law School in 1988, Attorney Snow worked for a Boston law firm that represented insurance companies. This experience provided him with an understanding of exactly how insurance companies value personal injury claims, and how they prepare for trial. He uses this knowledge to anticipate and counter his opponent’s defense strategies ensuring his clients obtain a judgment on their behalf. Attorney Snow bodily injuries and wrongful death claims through mediation and arbitration and trial.
Regardless of the type of injury you may have sustained, or the obstacles you may be facing, Attorney Steven T. Snow has the experience and skills to secure the best possible results in your case.