Important Things to Know About San Antonio Truck Accident Settlement Agreements

A truck accident will leave you with injuries that are serious, debilitating, and life-changing. If another person’s negligence caused the crash, you may have the right to claim compensation for your injuries. Most truck accident injury claims do not end up in the courtroom. Instead, they are settled out of court, usually between the lawyers representing each side. Below, our San Antonio truck accident lawyer explains important things to know about these settlement agreements.

What Factors Impact Truck Accident Settlement Agreements?

All truck accidents are unique but there are some factors that impact all settlement agreements. These include:

• Nature of your injuries: The nature and severity of your injuries is the biggest factor that will impact a settlement agreement. For example, if you suffered an amputation at the scene or as a result afterwards, that is a catastrophic injury. You will likely need to relearn how to do certain tasks, renovate your home to accommodate your injury, and more. This will result in a higher settlement than one for injuries that can be corrected and will heal over time, such as a broken bone.
• Disputes over liability: Liability is often disputed in truck accident claims. The other party will likely try to shift at least some of the blame to you, which can significantly reduce the compensation you receive. If the liable party argues that you were 51 percent or more at fault and they are successful, you cannot receive any compensation at all. If they can prove that you were 50 percent or less at fault, you can still file a claim but your damages will be reduced by your same percentage of fault.
• Insurance coverage limits: Liable parties are only required to pay you up to the limits of the policy. Fortunately, negligent parties in these cases, such as trucking companies and manufacturers, are covered by very large insurance policies.

How Long Do Truck Accident Settlement Agreements Take?

There is no specific time it takes to reach a settlement agreement with the liable party. Sometimes, these cases can be resolved in just a few months while others may take one year or more before a settlement agreement is reached. The first step is obtaining medical treatment and following all of the doctor’s recommendations, so that we can determine whether your injuries are temporary (the person gets better) or permanent (and will require lifelong care). The hope is that you get better. But, if you do not, then (after completing treatment, which can take anywhere from three months to twelve months or longer) we obtain all of your medical records and reports containing recommendations for medical care for the rest of your life. After obtaining the records and reports (as well as other evidence), a demand letter to the liable party outlining your injuries and the damages you are seeking is sent. Once the letter is received, negotiations typically begin. It is critical to work with an attorney who can effectively negotiate on your behalf.

If you cannot reach a truck accident settlement agreement, a lawsuit will be filed beginning the litigation process. During the litigation process, the attorney will continue to negotiate with the other side. If a settlement cannot be reached, your case will proceed to trial (however, most cases settle before trial). Often the threat of trial is enough for the liable party to offer a fair settlement. While most cases do not reach trial, pursuing litigation with the threat of a jury trial is often necessary to protect your rights.

Our Truck Accident Attorney in San Antonio Can Negotiate On Your Behalf 

Reaching a settlement agreement after a truck accident is not easy. At the Law Office of Israel Garcia, our San Antonio truck accident attorney can negotiate on your behalf to reach a fair settlement that will fully cover your losses and the value of your health that has been taken from you. Call us now at 210-LAW-9999 or contact us online to request a consultation and to get the legal help you need.

Source:

statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm