What’s the Truck Accident Claim Process in Colorado Springs?

truck accident claims timeline

Written by Jeremy D. Earle, JD

April 25, 2023

Colorado Springs Truck Accident Attorneys

The claims process for a truck accident is difficult and complex. Unfortunately, truck accidents are all too prevalent on Colorado highways. Car accidents claimed the lives of three people every two days in a recent year.

If you’re lucky enough to have survived a truck accident and are submitting a claim, you’re probably still dealing with significant injuries and trauma.

Even if you took all of the necessary actions immediately after a truck accident, you might be wondering about how the claims process will go. The following is a rough outline of how a truck accident claim works in most circumstances. We offer a confidential free consultation.

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What Are the Legal Steps and Why Do They Matter?

To begin with, it is typical for car accident victims to believe that they can manage their accident claim without the assistance of an expert truck accident lawyer. This, however, would be a mistake. Insurance firms profit from victims’ failure to seek legal counsel.

They are well aware that most victims are unaware of the law and the actual merits of their case. In fact, not hiring a lawyer may considerably benefit insurance companies which is a wonderful incentive to employ one!

Victims of truck accidents and the relatives of those killed in truck accidents should seek legal assistance as soon as possible. To take on your case, contact a qualified and experienced legal firm. It’s the most effective strategy to safeguard your rights and interests.

Following a free appointment with a truck accident attorney, here’s what you may anticipate.

STEP 1: The first step is to sign a legal retainer.

You will be requested to sign a legal retainer after you have accepted to be represented by a truck accident lawyer. This implies that an attorney has agreed to act as your representative and handle all of your discussions.

This agreement also spells out the truck accident attorney’s fees and how they’ll be paid (usually from your final settlement.) A chart of estimated filing costs will also be included. Read the contract carefully to make sure you understand all of the details.

Step 2: It’s All About Communication

One of the most advantageous aspects of employing an attorney? There will be no more phone tags. Any calls from insurance adjusters may now be sent straight to your legal counsel.

Lawyers know how an insurance company may attempt to avoid paying you the full amount you are entitled to for your injuries or loss. Your experienced truck accident attorney is well-prepared to deal with an insurer offering a smaller payment or attempting to blame you for your injuries.

All correspondence should go via your truck accident attorney from the moment you sign a retainer until the time your case is finalized. This can help you avoid misunderstandings, avoid unsolicited contact from insurance companies, and keep track of your conversations throughout the process.

Step 3: Evidence discovery, collection, and investigation

In your truck accident lawsuit, your attorney will gather all relevant evidence.

The following are some examples of information that your truck accident lawyer may obtain:

  • Lost Wages
  • Medical Bills for Serious Injuries
  • Accident Report
  • Police Report
  • Medical documents
  • Logs from cell phones
  • Logbooks of truck drivers
  • Training records for truck drivers
  • Records of maintenance
  • Surveillance footage from traffic cameras, if appropriate

Next, your legal team examines all available material to see whether the truck driver complied with all applicable requirements. (The Federal Motor Carrier Safety Administration (FMCSA) has many laws that drivers and their companies must follow.)

Your attorney will examine all available evidence and information that may assist them in establishing whether anybody other than the driver should be held responsible for the accident. Maintenance documents, for example, maybe examined to ensure that the vehicle was properly maintained.

An examination of your medical records also serves as the foundation for the base amount of any demand that may be filed on your behalf. Your losses will be substantially smaller if you break a bone than if you lose a loved one or suffer a severe brain injury in a truck accident, but you are still entitled to compensation!

Step 4: Demand Letters are sent out.

Your attorney calculates the amount of the settlement they feel you are entitled to after reviewing all available evidence and meticulously evaluating who is at blame for the truck accident and the degree of your injuries.

Your attorney will consider the earnings you lost immediately after the accident, wages you may lose in the future due to your injury, and all of your medical bills when deciding a reasonable sum. Other variables come into play, such as any injuries that resulted in disfigurement.

For example, if your windshield was shattered in the collision and you had facial gouges, you may need future cosmetic surgery to fix the disfigurement. Your professional truck accident attorney will not overlook this injury and its consequences. Someone is going to be held responsible.

Your attorney will review the demand with you before sending you a demand letter. They’ll explain how they arrived at the demand letter’s financial number and why they’re seeking particular amounts for various types of compensation.

The majority of truck accident claims include both financial and non-financial damages.

Compensation for past and projected future medical expenditures, lost and prospective income, damage to your car or personal property, and other measurable costs linked with your accident are all examples of economic losses. Economic losses would also include unforeseen expenditures related to death, such as funeral and burial fees, for individuals who have lost a loved one.

Pain and suffering, mental discomfort, and a loss of pleasure in life are examples of non-economic losses. Your attorney will explain this notion to you and analyze the complete effect of the accident on you and your family’s lives as you explore your settlement possibilities.

Step 5: Negotiations for a settlement begin.

Your truck accident lawyer will wait for answers after sending a demand letter. The demand letter may have been sent to more than one insurance provider, depending on the precise circumstances of your case. Keep in mind that truck accident lawsuits may be challenging since numerous parties may be partly to blame for your injuries or loss.

Among them are the following:

  • Driver of a truck
  • Employer of a truck driver
  • The truck’s maintenance company
  • Manufacturer of trucks

Location of the accident (city, town, or municipality) (in the case of poor road conditions, for example)

Once you’ve sent your demand letters, it may take some time to figure out how the procedure will play out. When there are numerous parties involved, the truck accident lawyers for each party collaborate to establish how much each should pay.

Your attorney will likely get one (or more) settlement proposals within a few weeks after receiving a demand letter. If just one party is to blame, this may occur more swiftly than if numerous parties are somewhat to blame.

Following that, your attorney will call you to inform you of the amount being given to settle your claim. They’ll also tell you if they think this is the greatest offer you’ll receive and explain the implications of accepting or rejecting it. After years of experience and hundreds of truck accident cases, they know what’s fair and what isn’t.

Accepting an early settlement comes with a price: future losses. Any medical costs, future predicted wage losses, or other expenditures you may have incurred as part of your claim would go unpaid.

Be aware that the final settlement paperwork will include a provision that precludes you from seeking extra compensation for your injuries in the future. This is one of the reasons why a comprehensive analysis of your medical records and the appraisal of evidence are so important in establishing how much compensation to obtain.

Truck accident lawsuits are complicated, and settlements take time, including a back-and-forth between your truck accident lawyer and the insurance company. A quick settlement offer is almost usually an indication that an insurance company is aware of a serious liability issue.

This is usually a time of strife. Naturally, your truck accident lawyer wants to ensure that you deserve compensation for your injuries or loss. The insurance company (or numerous insurance companies), on the other hand, wants to pay out as little as possible.

Fortunately, in almost all circumstances, an agreement can be reached. Remember that you are in ultimate control of the situation—your attorney will do everything possible to help you, but only you have the final say on what is acceptable.

Step 6: The Trial if Negotiations Fail

A lawsuit may have already been filed, depending on what you and your attorney agreed on in the early stages of the process. In truck accident litigation, the defendants will be designated as defendants.

This is normally done to protect your rights and ensure that the statute of limitations on your claim does not run out. If the statute of limitations runs out without a case being filed, you might lose your ability to hold the defendants responsible in court.

When should you go to court for your truck accident claim? You and your attorney will agree on a minimum settlement amount for your injuries and losses. If the parties involved refuse to budge and do not provide you with this minimal sum, you will need to take the matter to court.

Getting on the court schedule may take some time, and the truck accident attorney representing the opposite side of the action may need additional time to prepare. While this means you’ll have to wait longer for your money, it may be the best way to ensure you obtain the most money possible.

Please don’t give up! If you and your lawyer cannot agree on a settlement for your injuries, your truck accident attorney will be ready to go to court on your behalf. Truck accident attorneys can often achieve settlement judgments that are much more than the insurance company’s original offer via litigation. When your case gets to court, it’s their responsibility to know how to proceed.

The good news about filing a lawsuit for a truck accident? Rather than a verdict, truck accident lawsuits almost invariably conclude in a settlement. Last but not least, get some money in your pocket.

Once a settlement has been reached, or a court judgment has been issued, your attorney will prepare a statement for you that includes the settlement or judgment amount, court document filing costs (if applicable), and legal fees. If your health insurance is entitled to compensation for your medical expenses, as in the case of a letter of protection, the statement will reflect that.

Finally, your attorney will release the monies to you by issuing a check that you may deposit into your bank account. Any expenditures you incur for medical bills or other services after you get that last payout are your responsibility.

Truck accidents are much too prevalent, and those involved face a lengthy road to recovery. No amount of money recovered from a truck accident claim could ever compensate those who have lost a loved one. But the truth is that, although money can’t undo the devastation that a truck accident has done to your life, it may help you preserve your financial stability in the face of your disabilities.

If you’ve been involved in a truck accident, you’ll want to know how to receive the money you deserve. Working with an attorney who is qualified and informed in the field of truck accident claims is the best option.

Could you not put it off? Contact an attorney right once to ensure that you have someone fighting for you. Remember that the choices you make today will influence your case, as well as the rest of your life. The sooner you link up with an expert attorney who has a track record of fighting for the rights of truck accident victims, the better.

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