Handling an 18-Wheeler Accident Case on Your Own: What You Must Know
Written by Greg on July 29, 2017
If you are in an accident with an 18-wheeler, you may be considering pursuing a claim on your own. There are certain factors you need to bear in mind when it comes to forgoing an attorney in your 18-wheeler case.
Taking on an Insurance Company
In the aftermath of an accident with an 18-wheeler, you must file and pursue a claim with an insurance company. You need to know that an insurance company is in business to make money for its shareholders. An insurer increases its profits by reducing the amount of money paid out in insurance settlement claims. Including in 18-wheeler accident cases.
If you elect to handle your 18-wheeler case on your own, you need to be prepared to take on an insurance company during the claims settlement process. You must understand how to counter tactics utilized by an insurance company to reach a fair settlement in your 18-wheeler accident case.
Personal Injury Laws and Court Procedures
Another reality you address if you contemplate forgoing legal representation in an 18-wheeler accident case is the complexities of personal injury law and litigation.
Even if you end up representing yourself, you still will be required to prepare legal documents and follow court procedures in the same manner as would a seasoned attorney.
The court initially may cut you some slack if you make a mistake of some sort. In the long run, if you fail to comply with the court process, rules, and statutory provisions, you can face sanctions. You could even have your case dismissed by the court.
Hiring a Lawyer, Attorney Fees, and a Final Settlement
The main reason why you may be considering handling an 18-wheeler accident on your own is to maximize compensation in your case. You may have initially concluded that hiring a lawyer will result in a significant lessening of compensation in your case because of attorney fees.
The reality is that, more often than not, a person who ends up hiring a lawyer in an 18-wheeler accident case ends up with more in the way of compensation than an individual who doesn’t retain legal counsel. Obtaining more money with a lawyer proves to be the case even when attorney fees are taking into consideration.
Also, most attorneys utilize a contingency fee arrangement in this type of case. You pay no fee in the case unless the lawyer obtains a favorable settlement or judgment for you.
Additionally, many times medical expenses must be repaid to the hospital in the event of a hospital lien or repaid to a health insurance company under contractual subrogation. You will be required to handle this medical reimbursement of your case if you elect to represent yourself. Attorneys, on the other hand, will do this work for you and in many instances, can get discounts from the health care interests or insurers because of the need for the attorney.
Worry and Stress
Hiring an attorney with experience in personal injury from trucking accidents takes the stress of the situation away and allows you to focus on recovery or dealing the grieving process. Not only do studies show you get more money with an attorney than without, but the law firm also handles the hard work required to advance your case.
For more information see:
Nolo.com – http://www.nolo.com/legal-encyclopedia/personal-injury-claims-handle-own-30140.html
American Bar Association – https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/personalinjury.html