Process for Commercial Truck Accident Settlements

According to the Federal Motor Carrier Safety Administration (FMCSA), nearly 175,000 people are injured in commercial truck accidents in the United States each year.

If you were injured in a collision caused by a negligent truck driver or negligent trucking company, you deserve a settlement that accounts for the complete value of your economic and non-economic damages.

Here are some steps you can take to get the settlement you deserve:

Four Steps to Obtaining a Semi-Truck Accident Settlement

1. Get Medical Attention

The process of obtaining a commercial truck accident settlement always starts with getting professional medical attention.

If you have not seen a doctor, you will have a difficult time recovering compensation for your damages. You need comprehensive, well-organized medical records that clearly document the validity and extent of your injuries. 

2. Prove Liability and Document Damages

Insurance companies only settle cases when they recognize that they will eventually be held liable in court — should a lawsuit be filed against them.

To get a settlement, an injured party must present a compelling case to the insurance company. Among other things, the case should clearly demonstrate both the trucking company’s liability and the value of damages.

Do not call the insurance company directly to talk about your case. It is not in your best interests to give a recorded statement to an insurance adjuster.

If you haven’t yet, this is the point in the process where you should hire an experienced Georgia truck accident attorney. Your attorney will be able to review your case, investigate your crash, gather relevant evidence, and build a persuasive legal claim. 

3. Prepare a Demand Letter

The best way to enter settlement negotiations with the insurance company is by sending them a professionally-crafted ‘demand letter’.

Essentially, a demand letter is a formal document in which you will lay out the basic facts of your case, the amount you need to settle the claim, and the date when the insurance company needs to submit a response. 

4. Escalate the Claim, Potentially Filing a Lawsuit 

It is possible that an insurance company will respond to your demand letter by agreeing to settle the case for the full amount that you request. Though, generally, you will receive a counteroffer or the insurer will try to deny liability.

Depending on how the company handles your initial demands, the next step may be to enter settlement discussions or to file a lawsuit. Under Georgia law (Ga. Code Ann. Sec. 51-12-33), truck accident lawsuits must be filed within two years of the date of the wreck.

Get Help from Our Georgia Commercial Truck Accident Lawyers Today

At Blasingame, Burch, Garrard & Ashley, P.C., our Georgia semi-truck accident attorneys have a proven track record of success in handling a wide range of personal injury claims.

To schedule your free, fully confidential initial consultation, please do not hesitate to contact our law firm today. With offices in Athens, Atlanta, and Greensboro, we handle commercial truck accident cases throughout the North Georgia region, including Alpharetta, Augusta, and more.

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