Legally reviewed by: Jessica Anvar Stotz, JD, MBA
In Los Angeles truck accident lawsuits, securing a settlement is feasible when you can establish another party’s negligence as the cause of injuries. Compensation may cover medical expenses, property damage, lost wages, and pain and suffering.
Below we’ll talk about how to file a lawsuit, steps to take that can help you win your suit and additional information with case examples.
A truck accident settlement typically occurs outside of court. It involves negotiation between the involved parties—usually, the victim and the at-fault party’s insurance company.
If an agreement is reached, the victim agrees to accept a specified amount of compensation in exchange for dropping any further legal action. Settlements can be quicker and less expensive than going to court, providing a faster resolution.
On the other hand, a truck accident lawsuit is a formal legal action filed in court. If a settlement cannot be reached or if the victim decides to pursue a legal judgment, a lawsuit is initiated.
This involves presenting the case to a judge and possibly a jury. The court then determines the appropriate compensation if liability is established. Lawsuits involve more formal legal proceedings, and the outcome is determined by the court rather than through negotiation.
In summary, a settlement is an agreement reached between parties outside of court, while a lawsuit involves formal legal proceedings in a court of law.
|Severity of Accident
|Average LA Truck Accident Settlement
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Jane, a pedestrian, was the victim of a truck accident. While crossing a busy downtown street, a delivery truck owned by a local logistics company fails to yield at a crosswalk, colliding with Jane. The impact leaves her with significant injuries, including a broken leg and concussion. Distressed by the physical and emotional toll, Jane decides to pursue legal action against the trucking company, alleging negligence in their failure to follow traffic regulations.
Jane’s legal representation and the defendant’s insurance company engage in negotiations to reach a settlement. The parties eventually agree to a settlement amount of $300,000. This compensation covers Jane’s medical expenses, including surgery and rehabilitation, as well as her lost wages during the recovery period.
Additionally, the settlement accounts for the emotional distress Jane endured due to the accident. The resolution emphasizes the importance of seeking fair compensation for victims in the aftermath of truck accidents, underscoring the impact of legal recourse in ensuring justice and recovery for those affected.
John, the driver of a sedan, finds himself in a collision with a commercial truck at a busy intersection. The trucking company is negligent due to distracted driving. Investigations reveal that the truck driver, employed by the company, violated traffic regulations by running a red light while texting, leading to the collision.
This blatant disregard for safety measures significantly contributed to the severity of the accident, resulting in John sustaining severe spinal injuries and enduring emotional trauma. The case did not go all the way to trial and John received a settlement of $1.5 million. This acknowledges the truck company’s liability and the consequences of the accident.
On a Los Angeles highway, Sarah’s car is rear-ended by a big semi-truck. The impact results in a broken arm, ribs and clavicle and damages to her vehicle. Recognizing the truck driver’s fault in the collision, Sarah’s lawyer engages in talks with the trucking company’s insurance.
Before going to trial, they agree on a fair settlement of $500,000. This amount covers Sarah’s medical bills, car repairs, and the distress caused by the accident. The quick settlement showcases the importance of resolving such cases efficiently, providing compensation to victims without the need for a prolonged legal battle.
Below are steps to consider when filing your truck accident lawsuit:
You need to have a direct connection to the legal dispute you’re taking to court. For personal injury cases, you must be the one who actually suffered injuries in the accident.
Only a valid “legal entity” can begin a lawsuit. A “natural person” qualifies as a legal entity, and multiple individuals can be involved on either side of a lawsuit.
To be part of a lawsuit, a person must possess “legal capacity.” Individuals with a “legal disability” typically need a legal representative, such as a parent, guardian, trustee, or executor, to file lawsuits on their behalf.
According to California law, a victim of a truck accident usually has two years from the incident or the discovery of the injury to file a claim in civil court.
*Many attorneys advise against waiting to file because it can often result in lower compensation.
Once you’ve selected the court and ensured you meet all the essential criteria, like having the right to sue and staying within the statute of limitations, you can start the process of filing your lawsuit.
This involves submitting various legal documents, including a civil cover sheet, a summons, and a complaint.
After filing your complaint, you must inform the defendant that a lawsuit has been filed against them.
Typically, you can initiate a lawsuit for a truck accident in the jurisdiction where the accident happened or where any involved party lives. This might include the accident location, the county where the trucking company operates, or the injured person’s state of residence.
However, rules can differ, and there might be strategic reasons to pick one jurisdiction over another. Consulting with a legal professional is advisable to determine the most suitable course of action for your unique situation.
Truck accident lawsuit timelines vary but often take several months to years for resolution. Factors influencing the timeline include the complexity of the case, negotiations with insurance companies, and court processes. Quick settlements may occur, while more complex cases requiring trial could extend the timeframe.
Choosing a skilled attorney for your truck accident lawsuit can be pivotal. Their in-depth knowledge of personal injury and trucking laws can ensure a solid legal foundation, while their investigative gathers crucial evidence.
Experienced attorneys excel in negotiations, increasing the odds of a favorable settlement or trial verdict. In the courtroom, they navigate procedures adeptly and present a compelling case.
With tailored case strategies and unwavering advocacy, a seasoned attorney becomes a powerful ally, maximizing your chances of success in the complex landscape of truck accident litigation.
One of the best ways to increase your odds of winning truck accident lawsuits is to gather as much evidence as possible to support your claim. This can include photos or videos of the accident scene, witness testimonies, police reports, medical records, and any other documentation that can help establish the fault of the other party.
Being cautious with your statements to the trucking company’s insurance team is vital to protect your legal position.
Anything you say can be used against you in negotiations or court proceedings. Insurance adjusters aim to minimize payouts, so inadvertent admissions or statements may jeopardize your claim.
It’s crucial to consult with a legal professional before communicating with the insurance team to ensure that your rights are safeguarded, and you don’t inadvertently undermine your case. Their expertise guides you in navigating the complexities of negotiations, enhancing the likelihood of a fair and favorable resolution for your truck accident claim.
LawLinq works with some of the best truck accident attorneys in Los Angeles. Take a look at a few we work with below who are ready for hire. All initial consultations are free and you don’t pay unless they win your case.
Call now: (855) 997-2558
Call now: (855) 997-2558
Call now: (855) 997-2558
Call now: (855) 997-2558