What Should I Expect During My Truck Accident Lawsuit?

After being injured in a commercial truck accident, victims and those who rely on them are often unsure of what to do. After any necessary emergency actions have been taken, such as notifying local law enforcement, being examined by a doctor, and reporting the incident to your insurance company, an experienced attorney can step in and help. 

How long is my truck accident lawsuit going to take?

While you concentrate on your recovery, your Virginia truck accident attorney from Shapiro, Washburn & Sharp can fully investigate your accident, collect strong evidence, and build a compelling case for negotiations. When you are dealing with large corporations, such as freight companies and insurance companies, your chances of securing a fair financial award are much higher when you work with a skilled legal professional who has your best interests in mind.  

What Are the Stages of a Truck Accident Lawsuit?

Once you have met with a lawyer and decided to bring a claim, the general framework of your lawsuit will look something like this:

  • Investigation/Discovery: After a lawsuit has been filed, both sides will begin compiling their own evidence. They must then share any of their findings with the opposing party when requested. This process is known as the discovery phase
  • Demand Letter/Negotiations: After your attorney drafts a letter that summarizes the damages you are entitled to, known as a demand letter. The freight company or whoever the liable party is will then make you a settlement offer. From there, your attorney will handle any necessary negotiations to ensure you receive a fair amount. If the at-fault party does not make a settlement offer or makes offers you a lowball amount, your attorney will be prepared to seek equitable financial compensation in court.  
  • Trial: If a reasonable settlement still can’t be agreed upon pre-trial, then your lawsuit will go before a jury or judge. As scary as this sounds, sometimes a trial is in your best interests. Additionally, more than 90% of all truck accident injury cases reach a settlement before going to trial.  

Juries and judges are able to award additional damages that are well over what most companies would offer for a settlement. When choosing your truck accident lawyer, make sure that you ask them if they have trial experience. A good trial attorney will have the skills and knowledge you need to take your case through to a fair verdict if that is what it takes to obtain your compensation. 

When Do I Have to File My Truck Accident Lawsuit?

The statute of limitations varies by state. In Virginia, the statute is set at two years from the day your accident took place. 

The faster you sign with a qualified truck accident attorney, the better off you are going to be. They will ensure that you meet all required deadlines, and work hard to secure the recovery you need in the most efficient manner possible. Every case is different, but generally speaking, compensation for a commercial trucking accident usually includes:

  • Medical expenses including the expenses of all current and anticipated medical treatments
  • Loss of earnings, lost or diminished earning capacity, lost employment, and loss of job-related benefits such as health insurance
  • Pain and suffering damages, including mental trauma and psychological conditions such as post-traumatic stress disorder 
  • Repair and/or replacement costs for any damage to personal property 
  • Wrongful death damages if a family lost the companionship of a loved one and the financial support they provided

The overall value of your damages will depend heavily on the experience and skill of your truck accident lawyer, especially when it comes to non-monetary losses like depression.

How Can a Truck Accident Lawyer Help My Case?

If you were involved in an accident with a commercial truck and you would like to speak to a qualified Virginia truck accident attorney about your potential injury claim, please call the Virginia personal injury law firm of Shapiro, Washburn & Sharp at (833) 997-1774. We offer a free initial case review to all prospective clients. 

Related Content