Following an accident with a large commercial truck, it is only understandable that you may be focused on seeking necessary medical treatment and recovering from your injuries. Though medical treatment can be expensive, many people hesitate to call an attorney to discuss how you can recover for your losses. This is often because of uncertainty about the legal process and how a truck accident case even gets started. The following is some basic information about initiating a claim after a truck accident:
Talk to the truck company's insurance company
Many believe that the first step after a sustaining injury in a truck accident is to rush into court and sue the trucking company. While many truck accident cases do require a lawsuit, many victims are able to receive the compensation they deserve by filing a proper claim with the trucking company's insurance company. The insurance company may offer you a favorable settlement to cover your losses, especially if you only suffered minor injuries and it is clear that the trucking company or truck driver was at fault in the accident. An experienced lawyer will know how to negotiate and present your case to the insurance company to try to resolve the matter without having to go to court.
Conduct investigation to prepare a legal claim
If you do not receive a satisfactory offer from the insurance company, your attorney will move into the pre-litigation investigation stage. Preparing a lawsuit requires preparation, including close examination of the circumstances of your truck accident and determining whether there is sufficient evidence to support your personal injury claim. An attorney will likely interview witnesses, obtain police reports, inspect trucking company records, or even hire an accident reconstruction expert if necessary to demonstrate that the truck driver was negligent and at fault in your accident.
Draft and file a lawsuit with the correct court
The document your attorney will file with the court to initiate a lawsuit is called a “complaint.”1 The complaint should be in compliance with all civil procedural rules2 and requirements and should make an assertive legal claim. The following should be included in a complaint:
- Who you are suing
- The facts surrounding your accident
- Your cause of action, which is negligence in a personal injury case
- Arguments of why the elements of negligence are satisfied
- The specific damages you are seeking based on your accident-related losses
In some cases, if a complaint sets out well-supported and strong assertions that the trucking company was negligent, the company may decide to make a favorable settlement offer instead of proceeding with the litigation.
According to Michigan law,3 your complaint must be filed within three years of the date of the accident and injury. Since lawsuits can take extensive preparation, you do not want to delay in discussing your case with an attorney.
Contact an experienced Michigan truck accident lawyer for a free consultation today
The skilled truck accident attorneys at Michigan Injury Lawyers understand will guide you through every stage of the legal process following a truck accident so that you may receive the full recovery you deserve. Call our Michigan office today at 888-454-0801 for help today.
References:
1https://www.law.cornell.edu/wex/complaint
2http://courts.mi.gov/Courts/MichiganSupremeCourt/rules/Documents/CHAPTER%202.%20CIVIL%20PROCEDURE%20%28entire%20chapter%29.pdf
3http://www.legislature.mi.gov/(S(mysbzmaj4yzuarax0zs1vrw1))/mileg.aspx?page=GetObject&objectname=mcl-600-5805