After a collision with a commercial truck, you will likely be dealing with serious injuries. Because of the disproportionate size and weight of these vehicles, crashes involving large trucks are often catastrophic. Recovering compensation after a truck accident is essential when faced with expensive medical bills and other losses.
At Pacific West Injury Law, we know how difficult it can be to put your life back together after a truck accident. Our team of experienced truck accident attorneys in Spring Valley will work diligently to ensure you get the money you need after a crash. Give us a call or use our online contact form to schedule a free case review with a member of our team today.
Before you can file a truck accident lawsuit, you must first determine who is liable for your damages. Determining liability after a truck accident can often be challenging because of the multitude of potentially liable parties, including:
- The truck driver
- The commercial trucking company
- The company responsible for loading the truck
- The truck manufacturer
- The company that performs maintenance of the truck
- Another driver either directly involved in the collision or whose actions led to the crash occurring
While it can be confusing to sort out who is at fault among all of these parties, an experienced truck accident lawyer can get to the bottom of things.
What Are the Steps of a Truck Accident Lawsuit?
The path to recovering compensation through a truck accident lawsuit involves many steps. From the time you hire a truck accident lawyer until you recover compensation, your attorney will take many actions on your behalf, starting with investigating your crash to determine liability and collect evidence to support your claim.
Once their investigation is complete, the next step will be to assess your damages and calculate the value of your claim. After that, your attorney will be ready to draw up the appropriate paperwork and file your truck accident lawsuit with the court. Once your lawsuit has been filed, the pretrial process can begin. This process includes the following steps:
In the discovery phase, the two sides exchange the evidence they have accumulated about the case. This exchange is critical to ensuring a fair trial by allowing both sides to examine all the available evidence and prepare a response to it in court.
At the end of discovery, witnesses and parties involved in the accident will give recorded testimony outside the courtroom. During this testimony, legal counsel from both sides will be permitted to question the deponent. The testimonies given in depositions may be used during a courtroom trial.
Mediation is the last step before a truck accident case proceeds to trial. During mediation, an independent third party works to try and bring the two parties together on a settlement agreement. If mediation is successful, a trial will not be necessary.
At every stage of the process, your attorney will be in negotiations with opposing counsel, attempting to reach a settlement deal. If an agreement is reached, your case ends, and you recover the compensation agreed to in the deal. Alternatively, if an agreement is not reached by the end of mediation, your case will go to trial where your lawyer will represent you.
Be Mindful of the Statute of Limitations for a Truck Accident Lawsuit
Under Nevada law, truck accident victims generally have two years from the time of their accident to collect compensation. However, it is critical to understand that this statute of limitations has many exceptions. That means you may still be able to file a lawsuit after two years have passed in some circumstances. It also means that you may have far less time to file.
When you hire an experienced truck accident attorney shortly after your accident, you can feel confident that all deadlines will be met and that your right to recover compensation will be protected.
Truck Accident Lawyers Get Paid on a Contingency Fee Basis
Too often, people shy away from hiring a lawyer in a truck accident case because they worry that they can not afford to do so. While it is true that many attorneys charge high hourly rates, things work a bit differently with truck accident attorneys. These lawyers work on a contingency fee basis, which means that they only get paid if you collect compensation.
When your case concludes with a settlement or compensation awarded by the court, your attorney will collect a fixed percentage of this money. This fee is the only one your truck accident lawyer will receive. That means that the more money you get, the more your attorney will earn. It also means that if you don’t collect compensation, your lawyer doesn’t get paid.
Recoverable Damages After a Truck Accident
When you suffer serious injuries in a truck accident, you will likely be eligible to recover various types of damages. These damages can be divided into three overarching categories.
Economic damages refer to all the losses you have suffered because of your accident that directly impacted your finances. Common economic damages include:
- Lost wages
- Lowered earning ability
- Property damage
- Home or vehicle modifications needed to accommodate a disability
- Medical costs
- Future medical expenses
Non-economic damages refer to all the rest of your losses resulting from your accident. These damages tend to be wide-ranging and significant. Common non-economic damages include:
- Decreased quality of life
- Loss of consortium
- Pain and suffering
- Permanent disability
- Scarring and other disfigurements
- Mental anguish
Punitive damages are far different from the damages listed above. Rather than focusing on the losses of the truck accident victim, punitive damages are assessed as a means of punishing the liable party. Punitive damages are only awarded in extreme cases where the at-fault party acted in a criminally negligent manner.
Truck drivers and commercial trucking companies are held to a higher standard of safety than other drivers because of the added danger that these oversized vehicles pose. Deliberate disregard of safety protocols can result in punitive damages and the filing of criminal charges.
Reach Out to a Spring ValleyTruck Accident Lawyer Today
At Pacific West Law, our team of truck accident lawyers in Winchester is dedicated to helping accident victims recover the money they need to put their lives back together. Contact us today by phone or through our online contact form to get started with a free case review.