The aftermath of a truck accident, or any automobile accident for that matter, can be very overwhelming and emotionally taxing. Deciding whether to pursue a truck accident lawsuit or accept a settlement is a critical decision. Without knowing all the ins and outs that a Los Angeles personal injury law firm does, this decision may be a difficult one.
Hiring a Los Angeles personal injury lawyer can help you understand the advantages and disadvantages of both outcomes. Each case will vary, which is why legal guidance is critical.
Types of Truck Accident Cases
There are a variety of types of truck accidents, including but not limited to:
- Work-related truck accidents
- Automaker liability accidents
- Drunk or drowsy driving accidents
Work-related commercial truck accidents can involve delivery trucks, construction vehicles, utility service trucks and other similar vehicles. These accidents can be due to driver error, faulty maintenance on the equipment, or even just negligent training for the driver.
Determining fault will vary on a case-by-case basis. In some cases, an individual, employer, or even the trucking company can be at fault. While these claims may be difficult, a Los Angeles truck accident lawyer can advise on the next steps.
Automaker liability accidents can be due to defective parts, untimely recalls, and even failure to provide adequate safety instructions. Defects on specific manufactured parts such as brakes, steering wheel, fuel systems, or airbags are possible. As you can imagine, these flawed components can be extremely dangerous when on the road.
It is important to consult a Los Angeles injury attorney to ensure manufacturers pay for their role in the accident. And in some cases, your legal action may save another person from facing injuries or death.
Drunk driving accidents can occur when a truck driver is under the influence of alcohol or drugs. The presence of these substances can impair judgment, decrease reaction time, and compromise motor skills. These same deficits can occur with sleep-deprived truck drivers who drive all night and lack adequate sleep.
Legal Options
The two primary legal options available to truck accident victims are settling outside of court or going to trial.
If you are a victim of a truck accident, it is best to hire a Los Angeles truck accident attorney. Personal injury attorneys regularly deal with opposing lawyers and insurance companies and understand how to approach these matters accordingly. A lawyer will be able to advise you on the best legal pathway for your case, and one that will garner maximum compensation.
And in cases of wrongful death, surviving loved ones should consider consulting a Los Angeles wrongful death lawyer. With their guidance, you can determine whether it is worth filing a wrongful death claim.
Settlement
A truck accident settlement is a negotiated agreement between the victim and the perpetrator. Depending on the case, either the Defendant’s insurance company will pay, or they may pay out-of-pocket.
Settlement can occur at any point in the litigation process. In some cases, parties may settle before the filing of a personal injury or wrongful death lawsuit. It can even occur after a judge has reached a verdict in court. Settlements are common in these accidents, as trials can be lengthy and expensive for both sides.
Victims may also prefer settlement as they get their compensation faster, and are ultimately in control of the negotiations. In that sense, a settlement may seem less risky than a trial.
However, it is important to consider that settlement packages are often smaller than those trial packages. It is also worth noting that settlements are final. If any new injuries arise from the initial accident, you will not receive further compensation.
Wrongful death settlements work similarly. A wrongful death attorney in Los Angeles can help you prepare all the evidence necessary for a just settlement.
Truck Accident Trial
A trial can occur when the two parties are unable to agree on a fair settlement themselves. In a truck accident trial, both sides will present their arguments, evidence, and witnesses to the judge or jury.
Some pros of a trial include:
- Potential higher compensation outcomes, including compensation for medical expenses, lost wages, and, in wrongful death cases, funeral expenses and loss of companionship
- Fair legal opinions under California law
Some cons of a trial include:
- Long and time-consuming process
- Legal fees and costs
- Emotional exhaustion
- Uncertainty of outcome
Court-awarded compensation is often higher than settlement compensation. However, one runs the risk of the judge or jury not finding the perpetrator completely guilty. There is no guarantee of compensation.
A personal injury case trial can be a tedious process. There are often appeals or delays that take place which add time and cost. This is also why it is important to hire a lawyer practicing on contingency. Contingency attorneys will not charge you for these expenses, and will only make you pay if your case wins.
Trials can be intimidating for victims, especially if they are still recovering from injuries. But it can also be a more rewarding option.
Surviving loved ones may be hesitant to pursue a wrongful death lawsuit out of fear of metaphorically “opening wounds”. But it is critical for them to also consider the justice their loved ones rightfully deserve. A Los Angeles wrongful death attorney will guide you through this process, ensuring you feel comfortable with how the case is handled.
Need Help Determining Which Option Is Best For You? Hire A Truck Injury Attorney in Los Angeles
If you are not quite sure whether settlement or trial is best for you, a Los Angeles injury attorney can help! We understand that the process of obtaining fair compensation can seem overwhelming. This is why we will work directly with you to develop a result-oriented approach that addresses your needs and concerns.
In addition to handling personal injury cases, we handle wrongful death cases, working alongside surviving loved ones to secure justice. Our team of Los Angeles wrongful death lawyers will fight tirelessly so you can focus on grieving.
Our Los Angeles personal injury law firm is here to protect you. Call us today at (213) 252-1070 – or fill out this contact form – to discuss your claim with a Los Angeles injury attorney.