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.
If you're in the New Orleans area you'll want to hire a qualified New Orleans truck accident attorney. They will walk you through the steps of your case, from filing the first claim to the final resolution. There's no reason you have to handle things alone, not when there are excellent lawyers willing to fight on your behalf.
A Commercial Company
In the case of a regular automobile accident your claim will usually be filed against the individual and their insurance, but that's not so in a case against a commercial driver. A truck driver working for a company is not seen as a private entity and his company will become involved in your case one way or another.
Your New Orleans truck accident lawyer will suggest if it is best to file suit against the company, the driver or both. It may also be possible to sue the driver's insurance company or include them as a party in the lawsuit. A lawsuit against the company is usually preferred because this opens up a higher possibility of damages.
The Discovery Period
Discovery is the first part of the lawsuit process and includes the collection of evidence and witness testimony. This is a very important part of your claim and will help to decide how much you are awarded in damages.
The attorney will conduct the investigation on behalf of their client. In the case of a trucking accident, the evidence may include the trucking company's records, the driver's qualifications and personnel file, eyewitness statements and police reports, as well as photographs and medical reports detailing any injuries.
The Letter of Demands and Mediation
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.
The Trial
Your attorney will represent your interests at all stages of the trial and will make sure that you are treated fairly. Before the trial, your lawyer will carefully prepare you to ensure you are ready to testify. Even if you aren't called to the stand, they will make sure you are comfortable before you step foot in the courtroom.
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.
Hiring a New Orleans truck accident lawyer is the first action to be taken after a trucking accident. They will guide their client through the steps of a lawsuit, from discovery to trial, and will protect the interests of their clients and seek out the maximum amount of damages possible.
If you're in the New Orleans area you'll want to hire a qualified New Orleans truck accident attorney. They will walk you through the steps of your case, from filing the first claim to the final resolution. There's no reason you have to handle things alone, not when there are excellent lawyers willing to fight on your behalf.
A Commercial Company
In the case of a regular automobile accident your claim will usually be filed against the individual and their insurance, but that's not so in a case against a commercial driver. A truck driver working for a company is not seen as a private entity and his company will become involved in your case one way or another.
Your New Orleans truck accident lawyer will suggest if it is best to file suit against the company, the driver or both. It may also be possible to sue the driver's insurance company or include them as a party in the lawsuit. A lawsuit against the company is usually preferred because this opens up a higher possibility of damages.
The Discovery Period
Discovery is the first part of the lawsuit process and includes the collection of evidence and witness testimony. This is a very important part of your claim and will help to decide how much you are awarded in damages.
The attorney will conduct the investigation on behalf of their client. In the case of a trucking accident, the evidence may include the trucking company's records, the driver's qualifications and personnel file, eyewitness statements and police reports, as well as photographs and medical reports detailing any injuries.
The Letter of Demands and Mediation
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.
The Trial
Your attorney will represent your interests at all stages of the trial and will make sure that you are treated fairly. Before the trial, your lawyer will carefully prepare you to ensure you are ready to testify. Even if you aren't called to the stand, they will make sure you are comfortable before you step foot in the courtroom.
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.
Hiring a New Orleans truck accident lawyer is the first action to be taken after a trucking accident. They will guide their client through the steps of a lawsuit, from discovery to trial, and will protect the interests of their clients and seek out the maximum amount of damages possible.
About the Author:
The New Orleans truck accident lawyers at The Lambert Firm help people who have been injured in accidents. Contact them today to schedule a free consultation with one of our experienced accident lawyers in New Orleans, Louisiana.
No comments:
Post a Comment