A personal injury or wrongful death truck accident lawsuit can be lengthy and time-consuming. Whether you have to go to court for a truck accident in which you suffered injuries and property damage depends on your specific truck accident case.
You do not necessarily need to go to court to get compensation. In fact, according to a paper published by Cornell University Law School, most civil cases are settled out of court. You might be able to negotiate a satisfactory settlement with the liable party and their insurance out of court. Sometimes, settling a truck accident case out of court can be the best decision for you. Consulting with a truck accident lawyer can help you make the decision to either initiate a lawsuit or settle your case out of court.
Benefits of Out-Of-Court Settlements
Before making the decision of whether a settlement out of court is the right path for you, you should arm yourself with the full facts. There are some benefits, as well as disadvantages, to out-of-court settlements:
Time
An out-of-court settlement tends to generally be faster than a court case. In fact, you have little to no influence on how long a court case might take. In some instances, court cases can drag on for years. In the meantime, you may have to cover any medical expenses as well as costs to replace your damaged property out of your own pocket.
Compensation
A court case does not guarantee that you will win and receive compensation. However, if you agree to a settlement out of court, you will receive a payout.
Privacy
A court case automatically becomes part of public record for all to see. It is much easier to keep an out-of-court settlement private.
However, there can also be disadvantages to settling outside of the courtroom. The liable party will most likely try to keep the settlement as low as they can, and you could potentially be able to receive more compensation in a court case. If you agree to a settlement, you typically also agree to forego any subsequent legal action. This can be a mistake if your settlement is low, and you discover that you will have further medical costs in the future, for example.
In either case, it can be beneficial to have the support of a truck accident lawyer who can help you make an informed decision. Even if you decide that you do not have to go to court for your truck accident, a truck accident lawyer can potentially help you with negotiating an adequate out-of-court settlement.
Truck Accident Personal Injury Lawsuit
In some cases, it may be beneficial to take your case to court. This can be, for example, if several parties are liable, such as the driver, the trucking company, and a third party, but they refuse to take responsibility or refuse to negotiate an adequate settlement. It can also be beneficial to go to court if any out-of-court settlements offered will not cover all your present and future damages related to the accident.
A truck accident lawyer can advise you on the best course of action for your particular truck accident case. In a lawsuit, you could potentially receive compensation for:
- Medical expenses
- Lost income
- Physical pain and suffering
- Emotional suffering
- Lost enjoyment of life
You could also receive other types of compensation. If a defendant acted recklessly in causing your injuries, you could receive punitive damages in addition to any compensation.
If you are not sure what to do, you have the option of consulting with a truck accident lawyer for advice. It can be advantageous for your case if you act swiftly, as evidence is easier obtainable immediately after an accident, and witnesses’ memories of the accident are still fresh in their minds.
In order to bring forward a lawsuit, you will also have to adhere to the strict time limit set by California’s statute of limitations, which, in personal injury cases, is generally two years from the day of the accident. Missing the deadline can prevent you from seeking compensation.
Contact Pintas & Mullins Law Firm for Help
If you are currently wondering whether you have to go to court for a truck accident, we can help to advise you on what your best next steps might be in recovering a settlement for your injuries from a truck accident. Truck accidents can be extremely complicated, and you do not have to take on a trucking company or other liable party and their insurance company by yourself.
We can help with all aspects of your case, including any out-of-court settlements and negotiation with insurances. Let us fight for your rights and compensation. Call Pintas & Mullins Law Firm today and speak to one of our team members about your truck accident case at (800) 794-0444.