If you’ve been in a truck accident, you’re probably feeling overwhelmed. Between your injuries, medical appointments, and figuring out how to pay for everything, the last thing you want to deal with is insurance companies. The good news, though, is that your truck accident lawyer can manage all of that for you.
An experienced lawyer will handle the correspondence and talk with the insurance providers so as to prevent them from taking advantage of you. This relieves you of concerns about handling insurance adjusters so you can concentrate on healing from your injuries.
Why are insurance companies so difficult after a truck accident?
Dealing with insurance companies following a truck accident can feel as though you’re locked into a never-ending tug-of-war. Insurance adjusters can complicate the entire process. These are companies, and their objective is to pay out as little as possible, even if that means aggravating the claims process for you. Here is a closer view of several strategies you might encounter:
- Quick, low settlement offers: One thing you might encounter early on is a settlement offer that appears to provide a fast and easy resolution. When they do this, they’re hoping you’ll accept it right away. But here’s the catch: it’s usually way less than what you’re actually owed. They’re counting on you not fully understanding the extent of your injuries or how much you’ll need to cover future medical expenses, lost wages, and other damages. They want you to sign quickly, before you realize there’s much more to your case.
- Requesting recorded statements: Insurance adjusters might ask you to provide a recorded statement about the accident, and this is a tricky move. They’ll use your words against you, even if you say something that’s perfectly innocent. You might not be thinking clearly right after the accident, so it’s easy to accidentally say something that could hurt your case later. It’s best to talk to your truck accident lawyer before giving any statements, so you don’t say something that could damage your claim.
- Delaying the process: Sometimes, the insurance company will drag things out, just to wear you down. The longer the process takes, the more likely it is you’ll feel pressure to accept a lower settlement, especially if you’re struggling financially or just want to move on. They know that the more frustrated you get, the more likely you are to settle for less. It’s all part of their strategy to save money at your expense.
These tactics are especially common in truck accident cases because the stakes are high. There are often serious injuries, extensive damages, and multiple parties involved. Insurance companies try to shift the blame, delay the process, and offer lowball settlements because they know there’s a lot of money on the line. But a skilled lawyer can help you navigate these hurdles, so that you don’t get taken advantage of.
How can a truck accident lawyer help?
Hiring a truck accident lawyer means they can step in to handle all communication with the insurance company. Here’s how they can help you:
1. Managing all communication with the insurance company
Once you hire a lawyer, they can take over all communication with the insurance adjusters. This means you won’t have to worry about the stress of handling phone calls or emails from the insurance company. Your lawyer will ensure everything is handled professionally.
2. Protecting you from potential mistakes
Insurance adjusters are really good at asking questions that might make you say something that could hurt your case. For example, you might unknowingly admit partial fault, or you might be talked into accepting a lowball offer. A lawyer can make sure you don’t make these mistakes by giving thoughtful and careful responses that protect your interests.
3. Negotiating a fair settlement
Experienced truck accident lawyers know how to accurately calculate the true value of your case. This includes factoring in your medical bills, lost wages, pain and suffering, and long-term care needs. Your lawyer will fight to make sure that any settlement you get reflects the full extent of your damages.
What if the insurance company won’t offer a fair settlement?
Sometimes, even after all the negotiating, the insurance company won’t offer a fair settlement. If that happens, your lawyer can take further steps to get you the compensation you deserve. Here’s what they can do:
1. Gathering the evidence
Your lawyer can collect everything needed to build a strong case. This includes police reports, medical records, and witness statements. They can look for anything that shows the other party was at fault for the accident.
2. Consulting experts
If needed, your lawyer may bring in experts, like accident reconstructionists or medical professionals, to help prove your case. These experts can provide valuable insights that strengthen your argument.
3. Filing a lawsuit
If negotiations don’t go anywhere, your lawyer might file a lawsuit. This is usually the last resort, but it can pressure the insurance company to offer a more reasonable settlement. Most cases settle out of court, but the fact that your lawyer is ready to go to court can make the insurance company take you more seriously.
Other ways a truck accident lawyer can help with your case
Truck accident cases are often complex. There are many different factors to consider. Your lawyer can dig into all aspects of your case to make sure no stone is left unturned.
Investigating the accident
A truck accident lawyer will look into things like:
- Driver logs: They can check the truck driver’s hours of service (HOS) records to see if fatigue or violations of federal trucking laws played a role.
- Vehicle maintenance records: They can review the truck’s maintenance history to see if any safety issues (like bad brakes or worn tires) contributed to the crash.
- Black box data: Many trucks have electronic data recorders (EDRs), or “black boxes,” that track things like speed, braking, and acceleration. This data can be incredibly useful in understanding what happened before the crash.
Your lawyer may also track down surveillance footage or gather cell phone records if distracted driving is suspected. All of this can help create a clear picture of what happened.
Calculating your full damages
When you hire a truck accident lawyer, they can help make sure you’re compensated for all of your losses, not just your immediate medical bills. Some damages are harder to quantify, but they’re still just as important. For example, your lawyer can help you calculate:
- Future medical costs: If you’ll need ongoing medical care or therapy, your lawyer can factor those costs into the settlement.
- Lost earning capacity: If your injuries impact your ability to work long-term, your lawyer can work to assess how much money you stand to lose in the future due to missed promotions, job opportunities, or even early retirement.
- Non-economic damages: The emotional toll of a truck accident can be significant. Pain, suffering, anxiety, PTSD, and loss of enjoyment are all valid damages that your lawyer can fight to have included in your settlement.
To get an accurate estimate of your damages, your lawyer may need to consult with medical or financial experts.
Dealing with multiple insurance companies
Truck accidents may involve multiple insurance policies and several different liable parties. Each one may try to shift the blame to others, and this can get really complicated.
Your lawyer can coordinate everything for you. They work to figure out what kind of coverage is available, and help make sure that each insurance company is held accountable for its share of the responsibility.
Do you have to pay upfront for a truck accident lawyer?
One of the best things about hiring a truck accident lawyer is that most work on a contingency fee basis. This means you don’t pay any upfront costs. Your lawyer only gets paid if you win your case. The important thing is that you don’t have to worry about legal fees until you get compensation.
What to look for in a truck accident lawyer
Choosing the right lawyer is crucial. When you’re looking for someone to represent you, keep these things in mind:
- Experience handling truck accident claims
- Knowledge of trucking industry regulations
- Strong negotiation skills
- Willingness to take your case to court if necessary
- Free consultation to review your case
- Clear fee structure
Let a Sevierville truck accident lawyer fight for you
You’ve been through enough after a truck accident — you shouldn’t have to battle with insurance companies on top of everything else. Let Delius & McKenzie, PLLC take that weight off your shoulders. Our Sevierville truck accident lawyers know how to stand up to insurance adjusters and fight for the full compensation you deserve.
Call us today or reach out through our contact form to get started. We’re here to help you move forward.
Attorney Bryan E. Delius was born and raised in Sevier County, TN. He founded Delius & McKenzie more than 20 years ago, after receiving his JD from the University of Tennessee at Knoxville. He is admitted in Tennessee and in several federal court systems. Learn more about Bryan E. Delius.
