Accidents involving trucks are a common occurrence in New
Orleans, Louisiana. Ask any lawyer who works on truck accident-related issues
and they'll tell you about the numerous mishaps caused by commercial vehicles that
happen across the state.
As statistics reveal, Louisiana witnessed 69 fatalities in
2016 involving all sorts of trucks and tractor trailers. This indicates a serious
threat posed by commercial trucks to anyone on the street.
Thankfully, the law in Louisiana allows anyone who becomes a
victim of a truck crash to file a lawsuit and claim compensation. However, the
lawsuit needs to be filed within a stipulated time period along with all the
relevant documents. A truck accident lawyer in New Orleans, LA will be able to
provide you with all the details.
The process of filing an accident case includes signing an
agreement with a truck crash lawyer, investigation and collection of evidence, dispatching
of a personal injury demand letter, proceeding toward settlement or trial, and
going to trial.
Let us go through this procedure
in detail:
Signing agreement
You need to enter into an agreement with a New Orleans truck
injury lawyer after properly negotiating and reviewing the contract. Also
termed as a Letter of Engagement or Retainer Agreement, the contract should
include clauses regarding expenses, payments, and recovery of damages; terms
regarding canceling of agreement; an understanding of the timelines regarding
the claims; arranging of medical records etc. Law firms may sign a different
style of contract, depending on the complexity of the case.
Channeling of communication
Once your legal team takes over, limit all the communication
about your case to just your attorney. Truck accident litigation involves many
players and you need to be careful regarding the information you reveal.
Here're some broad guidelines:
- · Report the accident to your own insurance company.
- · Do not sign any document or reply to questions you're unsure about.
- · File a police report at the earliest.
- · Get a doctor's evaluation after the mishap.
- · Report the accident to the DMV.
Investigation & collection of evidence
Your case will be based on evidence like your personal
account of the accident, review of police reports, details about medical
treatment, and the physical therapy regimen. The job of your legal team will include
appointment of investigators to visit the truck crash site, review of police
reports and medical records, accident reconstruction if required, meeting with
insurance adjusters, locating additional eyewitnesses, your legal coaching etc.
A complex job for sure.
Sending of demand letter
After the above things are done, your injury attorney in NewOrleans can draft and send a compensation demand letter to the insurance
company of the trucking company.
Proceeding toward settlement or trial
As per your demands from the truck company, they'll consider
the evidence and evaluate the case. They may accept your demands right away
(less likely), negotiate your demands, and file a lawsuit if you're unable to
reach a settlement with the trucking company.
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