Injured in a Truck Accident But Not Sure About Your Claim? Munley Law Personal Injury Attorneys Can Help.
When you are involved in a truck accident, you likely have amassed a list of truck accident lawyers near you who you hope will be interested in your case. While you may have a list of criteria when choosing a personal injury attorney, a truck accident lawyer has a list they want to be met, too. Knowing what lawyers look for in a truck accident case can vary on a variety of factors.
At Munley Law Personal Injury Attorneys, we have spent decades fighting with the trucking companies and the insurance companies to get our clients compensation after a trucking accident. These types of accidents can be very complex, with many parties involved, and you will need a truck accident lawyer who has the experience and resources who can handle such a difficult legal matter. But how do you know you have a case that a truck accident lawyer will want to take on?
Here we explain what many truck accident lawyers look for in potential truck accident cases.
Why Would a Truck Accident Lawyer Reject a Claim?
While more than 90% of truck accident claims are settled out of court, no case is a sure thing. Because of this, an experienced truck accident lawyer may not willingly take on a case without all of the details readily available.
The following are common causes for truck accident lawyers to reject a case.
They Do Not Have Experience Handling Truck Accidents
Just because an attorney’s website says they take on all types of injury cases does not mean they tackle truck accident claims. Because these cases require relevant experience for large truck accidents, should an attorney not have the experience or resources available to handle your particular case, they will likely reject it.
To find out if a personal injury lawyer has experience with truck accidents, be sure to review their client testimonials and do an online search. The American Bar Association allows you to make a free search for law firms; and for validation purposes, this can be immensely helpful.
Remember, you don’t want just any lawyer to take on your case. You want a team with experience, dedication, and the ability to secure you the compensation you deserve–the relationship works both ways. Munley Law Personal Injury Attorneys has been handling truck accident cases throughout the United States for over 60 years. We have the resources and knowledge needed to handle truck accident claims anywhere in the country. We know how to fight for truck accident victims to ensure they get the justice they deserve to recover from trucking accidents.
The Statute of Limitations Has Expired
Each state has regulations regarding how long you have to file an accident claim. In Pennsylvania, you have only two years from the date of the incident to file a claim with the insurance companies or bring forth a lawsuit. The purpose of the statute of limitations is to prevent any unfair prosecution or legal actions against the potential defendant.
If you have missed that statute of limitations, a truck accident lawyer will reject your case because you legally cannot make a claim past that point.
Be sure to review your state’s laws as soon as possible following the trucking accident to be sure you do not miss these critical deadlines.
Your Case is Too Close to the Statute of Limitations
No truck accident is truly black and white. From determining negligence to calculating all potential parties at fault, this all takes time to gather. To have a successful outcome, truck accident cases take time to determine what fair compensation would be for:
- Medical expenses
- Lost wages
- Mental anguish
- Pain and suffering
In order to gather the relevant information, your truck accident lawyer will need the police report, medical bills, a record of lost wages, the original insurance claim, and more to build a strong case. Truck accidents are time-consuming, as it’s often more than one party at fault. If there isn’t enough time to determine who can be held at fault, an experienced personal injury lawyer will unlikely take on your claim.
The Case Will Be Too Costly for the Law Firm To Handle
If your truck accident case requires an independent investigation, expert testimony, and additional witness statements, the law firm may not be able to handle the upfront costs. These cases can be expensive to fight, not just for the party who has to pay out, but for the victim to gather the evidence needed to prove responsibility. If a firm can’t shoulder the costs, you may need to look elsewhere.
At the end of the day, the truck accident lawyers will need to decide if their payment at the conclusion of your case will be worth their time and resources. If they don’t think you’re likely to win a settlement that will pay not only all your expenses but all of theirs, they may pass you up. Again, total compensation is always the end marker.
Negligence Will Be Too Complex to Determine
Under Pennsylvania law, the defendant in truck accident cases must hold 50% or more of the fault in order for the victim to recover any damages. Because of the modified comparative negligence law, should there be any question you may hold more than 51% fault, an attorney may pass up your claim.
Because of Pennsylvania law, your total compensation will be reduced by the percentage of fault you hold. So, if you are 49% liable in an accident and the firm thinks that going to court won’t result in a larger award, the case may not be worthwhile for them.
All Avenues of Recovery Have Been Exhausted
If the truck accident was a hit and run or you’ve already maxed out the potential amount of compensation the insurance companies are willing to pay, there may be no one left to recover damages from and a truck accident lawyer will not be able to take on your claim.
While these are all reasons personal injury lawyers may not take your case, there are some factors they do look to in taking on a strong injury case.
How Can I Get a Truck Accident Lawyer to Take My Case?
There are certain things you just can’t change following a truck accident including how the trucking companies or insurance companies handled the accident. However, there are three steps you can take to make your truck accident claim more appealing to lawyers.
Build Your Case as Much as Possible
It’s no surprise that a truck accident is complex. But the more information you can gather upfront, the less digging your truck accident lawyer will have to do once they sign you on. This saves them time and resources.
When you arrive for your free consultation, be sure to have the following information at the ready:
- Any documentation from the insurance companies. This includes your insurance declaration page, the other parties’ insurance information, insurance claim numbers, and any written communication you may have received from the adjusters.
- The truck driver’s information, including the company they had worked for, the name and insurance information of the owner of the truck, their commercial driver’s license, and if they have additional insurance for the tractor trailer.
- Medical expenses, such as ER or urgent care visits, doctor appointments, surgery, or medical treatment relating to the injuries.
- The police report will give an account of how the truck accident occurred, any citations that were issued, and who may have been responsible for the crash. You also want to provide any photos or videos you may have taken at the scene of the truck accident.
- Proof of lost wages, which can include sick time, personal time, or vacation time you had to take because of your injuries.
Even if the insurance companies have broken your confidence in what you can recover, accidents involving semi trucks are complicated and the insurance company will not be eager to pay you the most you deserve.
Be Honest About Your Truck Accident Claim
If you have high expectations that even the best lawyer in the nation could not meet, the chance of a truck accident lawyer taking you on is slim.
Instead, have realistic expectations and don’t overshoot your case. When you meet with the truck accident lawyer, lay out the facts as they are, and leave no stone unturned. Do not exaggerate about your injuries or give an opinion about what happened. You want to be honest — for example, if you had been texting at the time of the crash, you should inform your truck accident lawyer so they can determine if this could hurt your claim.
If the truck accident lawyer feels there is a gap in your information or they can already identify issues, this will only hurt your claim and the relationship you are trying to build with your attorney. However, if you are realistic in your goals and aim to get a fair amount of compensation, being honest with your truck accident lawyer will make all the difference in your case.
Seek Legal Advice from a Truck Accident Attorney ASAP
The sooner you speak with an experienced attorney after the accident, the better your chances are of having a successful case. Evidence and witnesses’ memories do fade over time; that’s why it’s important for truck accident victims to start the claim as soon as possible.
By acting swiftly, a truck accident lawyer can:
- Negotiate with the insurance companies
- Protect and gather evidence from the tractor trailer’s “black box” before it can be destroyed
- Develop a counterclaim to the truck driver’s story
- Build a case against other at-fault parties, such as the truck company or shipping carrier
- Calculate the financial compensation needed to combat the expense of serious injury
Personal injury law firms know that you need an experienced truck accident lawyer to handle communications with multiple insurance companies and reach a fair settlement. But the only way they can do this is if you act quickly.
Why Should I Choose an Experienced Lawyer From Munley Law Personal Injury Attorneys?
When it’s you versus the trucking company, you are likely very worried that even the most experienced truck accident attorneys won’t be able to take on a big company. However, the truck driver, trucking company, and insurance companies are no match to our truck accident lawyers.
Munley Law Personal Injury Attorneys has over 60 years of experience handling truck accidents throughout the United States. Our award-winning attorneys have received accolades from our peers and legal organizations for our work with truck accident cases. Our attorneys are among the few lawyers in the country to receive board certification for Truck Accident Law from the National Board of Trial Advocacy.
During your free consultation, we will listen to your story, go over the facts of the case with you, and give you an honest opinion about the claim and your chances of recovery. Once you hire our law firm, we will do everything in our power to get you the compensation you deserve.
There is no risk in calling Munley Law Personal Injury Attorneys to schedule a free case evaluation. Our team of truck accident lawyers will give you an honest opinion about your case and what legal options are available to you.
If you or a loved one has been injured in an accident involving a tractor trailer, you may have a right to recover money for your medical costs and other losses. The truck accident lawyers of Munley Law Personal Injury Attorneys represent tractor-trailer accident victims throughout the country. When it comes to seeking compensation from trucking companies or insurance carriers, we are here for you.
Contact our truck accident law firm today for a free case review. We operate on a contingency fee arrangement, meaning you won’t pay a fee until we win.