FAQ: Filing an Insurance Claim for a Trucking Accident

When faced with the aftermath of a trucking accident, it can be easy to get lost in the insurance claims process. Trucking accidents can produce horrific results, because of this, many survivors are owed compensation for the suffering they experienced. When it comes to taking action, an attorney may recommend attempting to gain compensation by settling with the insurance company. When considering this option, you will likely have a number of questions weighing on your mind:

Why file an insurance claim over a lawsuit?

Prior to making any decisions, it’s important to first consult with an attorney. You will want to have them review your case and weigh in surrounding whether you have a legitimate case and what your options will be moving forward. Determining which type of method is best for you will take much consideration. A settlement, may be less expensive by may yield less compensation than if you were to file a lawsuit. A settlement allows you to negotiate terms. If you are unable to reach an agreement with the insurance company, you have the option of pursuing a lawsuit. It’s important to note that a lawsuit can put you at risk of walking away empty handed. However, a successful one may allow for a far more considerable award than a settlement with the insurance company.

If I am incapacitated, who will make decisions for me?

The last thing anyone considers in everyday life is the fact that at any given time they may be at risk or sustaining an injury that impacts their ability to make decisions on their own. When facing a trucking accident, you may find that you are lucky to have survived. Unfortunately, surviving a trucking accident may mean that at least temporarily you will be unable to make decisions. If you have taken the time to work with an attorney beforehand in developing a living will, chances are you have made the entire process much easier. An advanced directive is an essential component to any living will. An advanced directive appoints someone you trust who will make both financial and medical decisions in the event that they are unable to do so. By assigning power of attorney to someone you trust, you allow them to take steps towards making both financial and medical decisions. As a result, it will be up to them to initiate a settlement with your attorney. If you have not developed a living will, and there is not a person identified to take on this responsibility, the court may make this decision for you.

Why do trucking accidents yield larger settlements?

A more severe car or trucking accident is more likely to result in larger levels of compensation. In most cases, trucking accidents fall into the more serious category. This is due to the huge impact a large truck will have on a smaller vehicle. Most trucking accidents result in serious injuries and even death. Because of this, the damages you may be able to obtain are sure to be far more significant than a minor accident involving another car. The more severe the injury, the more likely you may be to miss time from work and experience more significant injuries which almost always result in higher medical expenses.

Sifting through the complexities of trucking accident claims without an attorney can sometimes lead to fruitless efforts. It’s not uncommon for the truck driver and their employer to have a heavy legal presence. Facing this without your own legal representation can be a mistake. Attorneys and insurance adjusters are likely to work hard to ensure that your case is settled for as little as possible. Contact a truck accident lawyer Lakeland, FL trusts as soon as possible so you have the best chance of obtaining a favorable settlement.



Thank you to our friends and contributors at David & Philpot, PL for their insight into truck accidents.