Truck accidents are devastating and often leave victims with severe injuries and significant property damage. A truck accident attorney can help you navigate the complex legal process and make a massive difference in the outcome of your case. Explore the top common-sense questions you should ask a truck accident attorney before making a decision.
Qualifications and Fees
The initial consultation with a truck accident lawyer is an opportunity to see if you have a claim and determine if they’re the right choice for your case. Consider asking the following questions:
What Experience Do You Have with Truck Accident Cases?
Hiring an attorney with experience with truck accident claims is key. Truck accidents are more complex than many other personal injury cases, so they require specialized knowledge to navigate successfully. Ask about an attorney’s experience recovering compensation after a truck accident and the obstacles they encountered — and successfully moved past.
How Do You Charge for Your Services?
Some truck accident attorneys charge by the hour, while others work on contingency, which means they only get paid if you win your case. Knowing how a lawyer charges is crucial, especially if you can’t afford upfront fees. You should also ask about additional costs for filing and investigation and determine where you stand if you take your case to trial — as attorneys usually charge more for litigation.
Are You Qualified to Handle My Case?
One crucial question you should ask any potential attorney is whether they are qualified to handle your claim. If your case goes to trial, you’ll want to know they are willing and qualified to advocate on your behalf.
You should also ensure a lawyer is licensed to practice in the state where you were hurt. If you live in California, but you’re injured in an accident in Texas while visiting family, you should hire a truck accident lawyer in McAllen, San Antonio, Houston, or wherever your accident happened. While larger firms often employ attorneys who have passed the bar in multiple states, don’t forget that local lawyers have a home advantage and will be more familiar with the court circuit, judges, and other legal professionals.
Liability
Determining who’s at fault is critical for a successful claim. Here are some questions to consider asking a truck accident attorney about liability:
Who Is Responsible for My Truck Accident?
While truck accidents are complex and multiple parties may be at fault, your attorney should be able to explain your best options for recovering compensation. The truck driver, their employer, a third party, or all of the above may be liable. Your lawyer will need to verify this by investigating your accident and gathering evidence.
What Evidence Do We Need to Prove Liability?
It’s not enough to accuse someone of causing your truck accident — you must prove it. A truck accident lawyer should explain the best evidence for building your case, such as accident reports, witness statements, and expert testimony. They can also advise on how you can help, such as by following your treatment plan, keeping a post-accident journal, and avoiding posting about your accident on social media.
Compensation
Compensation consists of damages. You likely want to know how much you might receive, so you’ll want to ask a personal injury lawyer the following:
What Damages Am I Entitled to in My Truck Accident Case?
In a truck accident case, you can receive compensation for medical expenses, lost wages, property damage, pain and suffering, loss of enjoyment, and more. Your attorney should explain the damages you deserve based on your evidence and discuss the negotiation process and the factors that can affect how much you receive, such as whether you are partly responsible for your accident.
Settlement versus Trial
While many truck accident cases — and personal injury claims in general — are settled out of court, you may want to go to court to secure a more favorable outcome.
Should I Accept a Settlement or Go to Trial?
A truck accident attorney should explain the pros and cons of settling your case versus going to trial. A trial is a risk, as the jury may find in the defendant’s favor, but it can also lead to a much higher compensation payout than any settlement offered. Be wary of attorneys who encourage you to settle early, as they may only be interested in resolving your claim so they can take on another. You should also understand that trials can be costly, which is a vital consideration if you’re paying by the hour.
Your attorney should explain the typical — though not prescriptive — timelines for settling out of court versus a trial and the potential for delays.
Communication and Updates
Effective communication is essential in any legal case. Ask this question for clarity on how your lawyer will keep you updated:
Who Will Be My Main Point of Contact?
A truck accident attorney should designate a point of contact and ensure they are accessible and responsive by phone or email. This can impact who you hire. Would you rather engage a bigger firm where you regularly correspond with a legal assistant but never reach your attorney directly? Alternatively, you may prefer a more personal touch and choose a smaller firm where you have direct contact with your truck accident lawyer, even if you can’t always reach them immediately (such as when they are in court).
Hiring the right truck accident attorney can make all the difference. Asking the right questions helps you make an informed decision and ensures you choose a skilled lawyer who will protect your rights and secure the compensation you deserve.