For those individuals involved in a truck accident, their biggest concern, aside from their own well-being, is ensuring that they are properly compensated for the damages incurred by them in the accident. This means being able to take care of the families if their injuries keep them from work, being able to repair any damages to their vehicle, and being able to afford any medical costs associated with the treatment of the injuries they have sustained.
If you have filed a claim with an insurance company and are concerned about reaching a positive settlement, you may be wondering about taking your claim further. This would mean taking your case to trial with Portland trucking attorneys working on your behalf. During this process, there is no doubt that you will have questions, especially considering the certain difficulties you will face when taking your claim to the court. Ultimately the decision you will make should be based on the specific circumstances of your case, in addition to how long you will be able to wait to be compensated for your personal losses.
There is no doubt that truck accident lawsuits are some of the most complicated. This is because there may be a variety of people that would need to be held accountable. The complete list of potential defendants in your claim may include the following parties:
- The truck driver
- The truck owner
- The trailer owner, if different from the truck owner
- The truck or truck parts manufacturer
- The people or company responsible for the loading of the truck
- The truck driver/truck owner’s insurance company
- The trailer owner’s insurance company
The more defendants that are involved in a claim, the more complex the trial can become. Truck accident litigation is already an extremely complicated process, especially when you consider the various nuances of both state and federal laws. In order to adequately approach this litigation, you will need to ensure that Portland trucking attorneys representing you know the law in the State of Oregon and have adequately tried cases like these before.
If you do decide to move forward with a truck accident claim in a trial setting, you will want to be prepared for a lengthy process. As soon as you have filed your original claim, it could take as long as a year before you even receive an initial trial date. While your case is pending in the courts, your lawyer as well as the attorneys for the defendants will work on what is known as the discovery process. This is the period where all the details of the truck accident are researched thoroughly, facts and evidence are gathered, including any relevant documents, witness accounts, and expert testimony. Any evidence obtained by either party must be shared with the opposing party.
In the end, many claimants find that their case may settle before ever going to trial, especially if they have competent Portland trucking attorneys representing them. This is the best case scenario for most people, considering the fact that trials can take such a long time to see a conclusion.