You have been hurt in a truck accident and need to file a claim against those responsible so you can recoup the losses you have. When these accidents happen, the most important first step you should take is to contact an experienced truck accident attorney in Nevada who can help you ensure you file your claim fully.
Our team at H&P Law can provide you with the guidance and support you need.
What Steps to Expect When Filing a Truck Accident Claim in Nevada
When you are in a truck accident, your first priority should be to get the medical care you need and to follow up with the care your doctor recommends. From there, we encourage you to prepare yourself by hiring a truck accident attorney to protect your right to compensation. This ensures you know what to expect throughout the process.
There are also numerous steps to take, depending on the details of your case. We recommend that you allow us to meet with you to go over what occurred so we can determine, as a first step, who is at fault. Once fault is established and evidence is gathered, you can then file a claim for your truck accident based on the losses you have, and you should read through our client testimonials to learn more about our firm.
The following are several steps you can expect in most situations, though each one is a bit different. It is always our goal to prepare you for the challenges brought by insurance companies and give you the tools and resources you need to pursue full and fair compensation. This often means customizing the following process to fit your situation.
Demand Letter
The first step is often to send a demand letter to the responsible party indicating that you suffered losses as a direct result of their actions or inactions. In the ideal situation, you can file a claim for your losses that is detailed and comprehensive enough, and the insurance company of those responsible pays for the losses you have. Often, this direct option may lead to some negotiations and, in many cases, a settlement.
Launching a Civil Lawsuit
If an agreement cannot be reached, the next step is for you to file a civil lawsuit against the parties that are responsible for the losses. Often, this action will spur insurance companies to become more willing to talk to you and negotiate your losses, which is beneficial since lawsuits tend to be expensive. However, after alerting the responsible party of the potential lawsuit, you may need to continue to move forward with it.
Enter the Discovery Process
In situations where the lawsuit is filed with the local court system, a notice will be sent to all involved parties. At that point, a discovery process goes into place, which allows both parties to gather evidence in the case. This may include contacting various people, holding depositions, and reviewing all medical records and other losses.
Going to Trial
It is not common for cases to end up in trial, but if this happens, it is often due to the inability of two parties to come to an agreement, resulting in the need for the court to make that decision. Going to trial often requires numerous steps, including the presenting of all available evidence, including medical records, witnesses, and testimonials from all involved. Then, a judge or jury makes a decision on what happens next.
Who Is Responsible for Your Truck Accident Losses?
One of the steps our attorneys will take in cases like this before filing a claim is determining who is to blame for your accident. It is not always as clear and simple as you may think, and often, there are multiple parties that are responsible for the losses you have incurred, including:
- The truck driver
- The company that hired and employed the truck driver
- The manufacturer of the vehicle that failed to create a safe vehicle
- The repair technicians who made mistakes in the latest maintenance or repair to the truck
- Third parties who are responsible for loading or unloading the vehicle
Understanding who is at fault is critical in legal matters like this because it tells us not just how to file but who to file a claim against. It is that information that is ultimately going to help with the process of deciding how to proceed. Our truck accident attorneys will gather extensive evidence to make that decision, helping to solidify your claim against others, so be sure to review our case results.
Proving Your Claim Against a Truck Accident Attorney
Before filing your claim, you also have to be confident that you have the necessary proof that the other party is responsible for your losses. That is often more complex than it seems. Our truck accident attorneys will work hard to determine what steps you have to take in those situations, with the goal of providing the four components of negligence:
- There is a duty of care present in which the other party is responsible for providing you with some level of safety.
- There is a breach of duty of care in some way.
- That breach of duty of care is what left you with the injuries
- You suffered financial or other losses related to those injuries
With our experience, we can help gather the evidence and tools necessary to file a claim against the insurance company of the responsible party demonstrating negligence. We will then work with the insurance company to try to resolve the legal matter, or if that is not possible, we will seek legal action in a court of law.
Let Us Talk to You About Your Truck Accident Claim
To file a truck accident claim in Nevada, you need to have all of the evidence and insights in place, negotiate with the insurance company, and then pursue legal action.
To learn more about how this process may work, contact H&P Law to discuss your case with our highly experienced truck accident attorneys. A free consultation and case evaluation can help to resolve the complications you are facing.
