HomeLawRole and Responsibilities of an Attorney in a Truck Accident Case

Role and Responsibilities of an Attorney in a Truck Accident Case


Handling truck accident cases is an intricate task, often involving various potentially responsible parties and multiple insurance claims. Orange County truck accident lawyer manages these complex cases from inception to potentially taking them to trial. Here’s an overview of specific tasks a truck accident attorney undertakes during a case.

Initial Case Evaluation: When a prospective client approaches a truck accident attorney, the first step is assessing the strength and viability of the case. Most truck accident lawyers work on a contingency basis, meaning they only get compensated if they successfully win a settlement or verdict for their client. Therefore, they’ll want to ensure the case has a strong chance of succeeding.

Collecting Supporting Evidence: Once the attorney decides to represent a client, they begin the evidence-gathering process, which could entail:

– Visiting the accident site

– Examining or commissioning photographs of the scene

– Interviewing witnesses and obtaining their accounts

– Analyzing surveillance or dash-cam footage

– Assessing the extent of vehicle damage

– Reviewing the client’s medical documentation and incurred expenses

Utilizing these elements, the lawyer constructs a comprehensive case that outlines the client’s incurred damages and the specifics surrounding the accident.

Issuing Demand Letters: Once the truck accident attorney has completed their investigation, they may draft and send a demand letter to the insurance company of the party responsible for the accident. This letter presents the facts surrounding the collision and specifies the amount of compensation sought for the client’s damages.

Engaging in Insurance Negotiations: One of the most critical roles an attorney plays in a truck accident case is negotiating with the insurance companies. These companies are often quick to reach out to the victim post-accident, aiming to settle the claim for as little as possible. Many victims are unfamiliar with the nuances of insurance claims and may not know how to safeguard their legal interests effectively. Hence, an attorney is very vital here. 

Filing Legal Documents: While most cases are resolved through settlements, there are instances when insurance companies refuse to negotiate fairly. In such situations, the truck accident attorney may initiate legal proceedings by submitting a complaint against the responsible party. This formal legal document is typically the first step in a truck accident lawsuit. Upon receipt of the complaint, the party at fault generally has a 30-day window to respond.

Commencing the Discovery Phase: During the discovery stage, the attorney will amass additional evidence, delve into pertinent case law, and formulate legal arguments concerning the accident. This preparation may also involve questioning and taking depositions from witnesses, drafting legal documents, and submitting requests for discovery.

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