Learn How to Protect Your Legal Rights from an Experienced Columbus Truck Accident Lawyer

Truck accidents often have devastating consequences. These accidents frequently leave victims with disabling and disfiguring injuries, and, tragically, dozens of Ohio families lose loved ones in fatal truck accidents every year. If you have been injured or lost a loved one, asserting your legal rights will be important for your long-term well-being, and this makes it important for you to speak with an experienced Columbus truck accident lawyer as soon as possible.

While we encourage you to contact us promptly if you have questions about your legal rights, we also know that many people want to do their own research before speaking with a lawyer. We have written this Guide to Truck Accident Claims in Ohio to help you make informed decisions as you move forward. Ultimately, however, this just scratches the surface of what you need to know. To protect yourself and your family, you will need an experienced Columbus truck accident lawyer on your side.

10 Key Steps in the Truck Accident Claim Process

We’ll start with an overview of the process of filing a truck accident claim in Ohio. Here is an overview of what you can expect once you schedule a free consultation:

1. Hiring a Columbus Truck Accident Lawyer on Contingency

During your free initial consultation, you will have the opportunity to ask any questions you want about the lawyer’s background and experience. If you decide to hire the lawyer to represent you, your Columbus truck accident lawyer will provide legal representation “on contingency.” This means that you will not have to pay anything out of pocket at any time. If your claim is successful, your legal fees will be calculated as a percentage of the amount your lawyer helps you recover.

2. Going Over Everything You Can Remember About the Accident

While your lawyer will conduct a comprehensive investigation (more on this below), your lawyer will need to rely on your memory initially. As a result, the more details you can share with your lawyer, the better. With that said, if you can’t remember anything about the accident (or if you weren’t there when your loved one’s accident happened), that’s completely fine—your lawyer will still be able to gather the information he or she needs through other means.

3. Investigating Your (or Your Loved One’s) Truck Accident

Conducting a comprehensive investigation is a key early step in the truck accident claim process. Ideally, this investigation should take place in the immediate aftermath of the accident—which is one reason why we strongly encourage you to contact us right away. The purpose of this investigation is to gather key evidence before it disappears.

4. Identifying the Company (or Companies) that Are Responsible

After conducting an investigation, your Columbus truck accident lawyer will be able to provide a preliminary assessment of the company (or companies) responsible for the crash. There are several possibilities, and making sure you file the right claim (or claims) is essential for recovering the financial compensation you and your family deserve.

5. Filing a Lawsuit to Protect Your Legal Rights

In Ohio, all truck accident claims are subject to a statute of limitations. To make sure the statute of limitations doesn’t expire before you have time to take action, your lawyer will file a timely lawsuit on your behalf. This will formally start the claim process, and it will ensure that you get your day in court, if necessary.

6. Dealing with the Insurance Companies

While some truck accident cases go to court, most successful claims get resolved through the insurance companies. Your Columbus truck accident lawyer will deal with the insurance companies on your behalf. This will involve presenting evidence of your legal rights, dealing with the insurance companies’ defense tactics, and doing everything possible to recover just compensation without the need to go to trial.

7. Taking Discovery to Collect Additional Evidence

If your lawyer needs additional evidence that wasn’t available during his or her investigation, your lawyer will be able to take discovery after filing your lawsuit. This may involve requesting phone records and employment records, taking depositions, and obtaining access to various other forms of documentation and information. When truck accidents involve issues such as distracted driving and violations of the federal hour restrictions for commercial truck drivers, this step can be critical for establishing liability.

8. Calculating the Financial and Non-Financial Costs of the Accident

Along with proof of liability, seeking just compensation will also require proof of how much you and your family deserve to recover. This means that your lawyer will need documentation of your financial and non-financial losses. Calculating (and documenting) these losses is a critical step in the process, and this is one step in particular where your lawyer will need your help.

9. Negotiating for an Out-of-Court Insurance Settlement

Once your lawyer knows how much you deserve to recover, your lawyer will be able to negotiate with the insurance companies. If the insurance companies make a settlement offer, your lawyer will help you carefully evaluate the offer so that you can decide whether you want to accept it or keep fighting for more.

10. Taking Your Truck Accident Claim to Court if Necessary

If you don’t receive an acceptable settlement offer before your trial date arrives, your lawyer will take your claim to court—potentially with settlement negotiations continuing to take place in the background. In court, your lawyer will present all of the evidence he or she has collected, and your lawyer will use his or her experience to try to convince the judge or jury that you deserve just compensation.

5 Challenges You May Need to Overcome During Your Claim

While there is a clear process for seeking just compensation after a serious or fatal truck accident in Ohio, challenges can arise at just about every step along the way. This is yet another reason why it is important to seek help from an experienced Columbus truck accident lawyer as soon as possible. Some examples of challenges your lawyer can help you overcome during your claim include:

• Limited Evidence at the Crash Site – In some cases, only limited evidence will be available at the crash site. When this is the case, proving liability involves leveraging the discovery process and finding evidence through other means.
• Claims of “Comparative Negligence” – The insurance companies use claims of “comparative negligence” to blame victims for their own injuries and limit how much they have to pay. These claims are unfounded in most cases.
• Insurance Companies’ Bad-Faith Tactics – Along with claiming comparative negligence, the insurance companies may try to use a variety of other bad-faith tactics as well. Overcoming these tactics requires experienced legal representation.
• Proving Your Pain and Suffering – While you will have clear proof of your medical expenses and lost wages, it will be up to you to prove your pain and suffering. Your Columbus truck accident lawyer will be able to explain what you need to do.
• Making Informed Decisions About Settlement – The insurance companies know that most victims and family members simply want to move on, and they will use this to their advantage. If you receive a settlement offer that is tempting but less than you deserve, you will need to be careful to make an informed decision with your long-term best interests in mind.

5 Strategies for Maximizing Your Financial Compensation

Along with helping you overcome these challenges, your Columbus truck accident lawyer will also be able to help you use a variety of strategies to help maximize your financial compensation. These include (but are not limited to):

• Making Sure You Keep Up with Your Medical Care – Keeping up with your medical care is extremely important when you have a truck accident claim. Your lawyer can help you understand your medical records, assist with arranging transportation and provide a letter of protection if necessary.
• Being Careful Not to Return to Work Too Soon – While it may seem like going back to work is the right thing to do, you need to be very careful not to return to work too soon. Doing so could jeopardize both your health and your legal rights.
• Hiring Medical Experts to Explain the Long-Term Effects of the Accident – Truck accident victims and families in Ohio are entitled to just compensation for their present and future losses. Your lawyer will be able to hire medical experts who can explain all of the ways the accident will impact your life in the future.
• Keeping Track of All of the Ways the Accident Impacts Your Life – The non-financial losses you are entitled to recover include all of the various ways the accident impacts your day-to-day life. Keeping track of these impacts (including your pain levels and activities you are forced to miss) is critical for maximizing the value of your claim.
• Having a Specific Settlement Amount (or Range) in Mind – To make sure you don’t settle too soon, it is important to have a specific settlement amount (or at least a settlement range) in mind. Your Columbus truck accident lawyer can help you set reasonable expectations and make sure you don’t feel pressured to accept an unfair settlement.

Schedule a Free Consultation with a Columbus Truck Accident Lawyer Today

If you need to know more about protecting your legal rights after a truck accident in Ohio, contact us today. Call 888-444-7440 or tell us how we can reach you online to schedule a free consultation at Malek & Malek Law Firm as soon as possible.