There is no question about when to hire a truck accident attorney. The answer: As soon as you possibly can.
Those who wait to hire a truck accident attorney expose themselves to several types of risk. You risk allowing an insurance company or other liable party to violate your rights. You risk making a mistake that can jeopardize your case, like making an erroneous statement or accepting a lowball settlement. You also risk missing the filing deadline for a lawsuit. Don’t wait to hire your Little Rock truck accident attorney, as they will spare you from these serious risks.
4 Convincing Reasons to Hire Your Truck Accident Attorney Right Away
There are many reasons to hire a truck accident attorney. From finding peace of mind (which comes with a lawyer’s support) to harnessing a law firm’s resources, retaining an attorney provides both immediate and long-term perks.
There are at least four reasons to hire your truck accident lawyer as soon as possible, including:
Your Case Likely Has a Statute of Limitations
ARK. Code Ann. § 16-56-105 generally allows your attorney three years to file a truck accident lawsuit. Your lawyer may also need to report your injuries to insurers and take other case-related actions before the three-year mark.
Missing the statute of limitations for your case can:
- Prevent you from filing one or more lawsuits you’d otherwise be able to file
- Cause you to lose significant negotiation power with insurers and other liable parties
- Allow liable parties to offer little to no compensation, knowing that your leverage is minimal (or even non-existent)
- Cause devastating financial harm, as you might have to pay for accident-related damages out of your pocket if you fail to file your suit on time
There can be exceptions to the three-year statute of limitations. This is why you should hire a truck accident lawyer even if more than three years have passed since your truck accident.
Your Attorney Must Secure Evidence (Possibly from a Trucking Company Trying to Dispose of It)
The legal term “spoliation” refers to the destruction or failure to preserve evidence. This can be a major problem for a truck accident victim, whose case can benefit significantly from evidence in a trucking company’s possession.
Your attorney will:
- Immediately gather evidence that benefits your case
- Identify evidence a liable trucking company may have
- File a letter of spoliation requiring the trucking company to preserve all evidence that can be relevant to your case
- Secure any black-box data, employment records, and other relevant evidence from a liable trucking company
Never assume that a trucking company (or any other liable party) will do the ethical thing by preserving evidence. Hire your truck accident attorney right away so they can proactively secure such evidence.
You Should Focus on Your Recovery as Soon as Possible
Truck accidents are more likely to be fatal than other collision types. Even when accident victims survive a collision, they often face a long road to recovery and, in many cases, are disabled for life.
In any case, you should focus on healing from accident-related injuries as soon as possible. The sooner you hire a truck accident attorney, the sooner you can focus on the physical, psychological, and emotional recovery process.
Liable Parties May Try to Violate Your Rights Soon (If They Haven’t Already)
Do not be naive after a truck accident. Even though liable parties—including insurers and trucking companies—likely know paying you is the right thing to do, these parties may shirk their financial responsibility. Some ways that insurers try to avoid paying truck accident victims include:
- Duping the victim into making statements that suggest they caused the truck accident
- Denying a claim (and hoping the claimant will not fight the denial)
- Undervaluing the victim’s accident-related losses
- Using hardball negotiation tactics
Being injured and traumatized can make you vulnerable to these and other bad-faith tactics. When you hire a lawyer, you get immediate and robust protection from insurers and any others who might violate your rights.
What Can Happen When Someone Waits to Hire Their Truck Accident Lawyer?
Should you wait to retain a truck accident attorney, you may increase the risk of:
- Saying or doing something you shouldn’t (for the sake of your claim or lawsuit)
- Falling victim to bad-faith tactics by insurance companies and liable parties
- Missing the deadline for filing a claim or lawsuit
- Failing to accurately calculate the value of your accident-related damages
- Failing to obtain the compensation you need and deserve for accident-related damages
The consequences can be severe and long-lasting if you do not obtain a fair settlement or verdict. You may face immense financial stress if you have to pay out of pocket for medical care, lose income (and don’t get replacement income through a claim or lawsuit), and experience pain and suffering without compensation to cover treatment.
Your attorney will fight urgently and tenaciously to secure fair compensation for you—and to do so as soon as possible. If you’re going to hire a truck accident lawyer (and you should), hire them as soon as possible.
I Want to Hire a Lawyer, But Can I Afford One?
Every truck accident can afford a truck accident attorney. Contingency fees are the most standard fee structure offered by truck accident lawyers, and these fees mean:
- You won’t pay any upfront fee to your lawyer or their firm
- The law firm you hire will pay all filing fees and other administrative costs associated with your case
- Your law firm will pay for any expert services used during your case
- Your truck accident attorney will receive a fee only if they secure a settlement or verdict for you
The most obvious benefit of this fee structure is that, as an accident victim facing financial uncertainty, you don’t have to pay out-of-pocket for a lawyer. Another benefit is that your law firm has a huge financial incentive to win for you, as their work will go unpaid unless they get compensation for you.
Most importantly, the contingency fee structure ensures that you can hire a truck accident lawyer no matter how dire your financial circumstances may be.
Truck Accident Cases Are Especially Complicated (Another Reason to Retain a Lawyer)
Many personal injury cases are complicated and challenging, but truck accident cases are often unusually taxing. Successfully securing compensation for a truck accident typically requires:
- Understanding how trucks are designed: Because defects and neglect-related malfunctions often play a factor in truck accidents, the person leading your case should understand the design of trucks and cargo trailers. An experienced truck accident lawyer will.
- Understanding how trucks operate: Your lawyer will understand how truck drivers, cargo loaders, and others involved in trucking should (and shouldn’t) operate. This will enable your attorney to pinpoint negligence by truck operators or other parties.
- Knowing Federal Motor Carrier Safety Administration (FMCSA) requirements: The FMCSA’s Rules of Practice are lengthy, complicated, and full of jargon you are likely unfamiliar with. Yet, these rules and regulations may be critical to your case. Your truck accident attorney will be familiar with FMCSA rules and practices, and they will translate those guidelines to your case.
- Dealing with hostile trucking companies and insurers: A trucking company may immediately realize that it is responsible for the cost of your damages. The company’s goal may be to avoid paying you fairly, and it may take a hostile approach to your claim or lawsuit. Dealing with such an unfriendly party can be distressing, so your lawyer will ensure you don’t have to.
- Managing the typical challenges of insurance claims and lawsuits: Every personal injury and wrongful death case comes with challenges and headaches. Your case will be no different. Allow a lawyer to shoulder such challenges so you can focus on your health.
Lawyers are familiar with these demands and hurdles and will approach your case ready to overcome them.
Your Lawyer Will Take Several Immediate Measures When You Hire Them
A truck accident attorney will provide immediate value to you and your case by:
Protecting You from Trucking Companies, Insurers, and Others Involved in Your Case
If you and your case are not safe, nothing else matters. Your lawyer may shield you by:
- Taking on all communications with insurance companies, trucking companies, other lawyers, and anyone else involved in your case
- Advising you not to field calls from anyone involved in the case
- Ensuring the prompt filing of your claim or lawsuit (so nobody can accuse you of fabricating injuries or missing filing deadlines)
An attorney serves as the buffer between you and anyone who might otherwise violate your rights or undermine your case.
Securing Evidence
Obtaining claim- or lawsuit-related evidence will be one of your lawyer’s most urgent duties. Some types of evidence your lawyer may secure include:
- Evidence from the trucking company: Your attorney may obtain the truck driver’s crash history, work logs detailing the driver’s hours, inspection records, black-box data, photographs of the damaged truck, and other relevant evidence from a liable trucking company.
- Witness accounts: Eyewitnesses may testify about how the truck accident happened, how a truck driver contributed to the collision or other facts related to your case. Your attorney will also seek expert opinions that benefit your claim or lawsuit.
- Other proof of at-fault parties’ negligence: Your attorney may obtain an accident reconstruction, photographs of the accident scene, and other evidence that helps your case for compensation.
Evidence is a critical piece of every truck accident case. Allow an attorney to start gathering evidence today.
Helping You Make Necessary Statements
You may need to tell insurance companies, law enforcement officials, civil defense lawyers, and other parties how your accident happened. An attorney will help you make error-free, factual statements that only support your case.
Explaining What You Should Do Next
Truck accident victims often have many questions, including the obvious one: What should I do now?
Your attorney will provide reliable advice to help you recover physically, financially, and otherwise.
How Your Truck Accident Attorney Will Work Towards the Money You Deserve
In addition to obtaining evidence and protecting you, your lawyer will need to take several steps to build a successful claim or lawsuit. Some of these steps can include:
Obtaining Definitive Proof of Your Damages
It’s your lawyer’s responsibility to prove to insurers, trucking companies, and other liable parties:
- The damages you have suffered because of the truck accident
- The exact financial cost of damages you have already suffered
- The likely financial cost of damages you have suffered in the future
Your attorney may prove these points using medical bills, healthcare records, bank statements, and a host of other documentation.
Establishing Fault and Liability for Your Damages
Your attorney will weigh all relevant evidence to determine who is responsible for causing the truck accident and who is financially responsible for your damages.
Information like the at-fault party’s employment circumstances and why the collision occurred will be relevant when determining fault and liability.
Negotiating with Liable Parties
Your lawyer will establish an exact financial valuation for your economic and non-economic damages. They can then negotiate a settlement with any insurance company, trucking company, or other party that owes you compensation.
Leading Any Lawsuit or Trial Required for Your Case
If you need to file a lawsuit or seek compensation from a judge or jury, your lawyer will handle these high-stakes responsibilities on your behalf.
Damages You Should Expect Your Lawyer to Seek Compensation For
Truck accident cases often involve many high-cost damages, which can include:
- Medical expenses
- Lost income
- Diminished earning capacity
- Pain and suffering
- The cost of mental health services
- Caregiver expenses
- Property costs, including vehicle repairs
Your lawyer will secure definitive proof of all of your damages. They will insist that any liable insurers, trucking company, or other party provide all the compensation you deserve.
Hire Your Truck Accident Lawyer Right Away (Now You Know Why)
Don’t forget the risks of waiting to hire your truck accident lawyer. Research Little Rock personal injury attorneys in your area and find a truck accident attorney whose case results and reputation for client care qualify them to lead your case.
