Commercial truck accidents are some of the most devastating types of motor vehicle wrecks. If you, like many victims, have suffered critical injuries, thinking about going to court can be overwhelming. You may be dreading the thought of pursuing your case if it means you have to go to trial.
While many truck accident victims benefit from having their cases heard by a judge and jury, it is not always necessary. Your Oklahoma semi-truck accident lawyer at BDIW Law will carefully evaluate the details of your case to determine which options are going to produce maximum financial recovery. With that in mind, here is more information about when you might need to go to court for a truck accident in Oklahoma and why insurance claims are also a good option.
Do You Have Grounds for Legal Action?
Before you think about whether you must bring your case to court, it is essential to consider whether you have met the grounds necessary to pursue your claim. Thankfully, when you file a civil lawsuit, the burden of proof is based on a preponderance of the evidence.
In Layman’s terms, this means the evidence your attorney presents must convince the judge and jury that the defendant is more than likely responsible for causing your injuries. Your truck accident lawyer is not responsible for proving liability beyond a reasonable doubt.
Instead, to prove the defendant’s liability, you can expect your personal injury attorney to take steps to prove the elements of negligence have been met. This way, there is no doubt that the defendant’s reckless or wrongful actions were the cause of your truck accident injuries. The elements of negligence include:
- Duty of care
- Breach of duty
Common Injuries to Sue For
Although there is no requirement that you must have suffered a debilitating or life-threatening injury to have grounds for a truck accident claim, it is essential to remember that the impact your injuries have had on your life is what will determine whether you have the right to compensation for your suffering.
There are some types of injuries people sue for more often in truck accident claims than others. Some of these injuries include:
- Broken bones
- Compound fractures
- Organ damage
- Internal bleeding
- Traumatic brain damage
- Spinal cord injuries
- Neck and back injuries
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Legal Options After an Oklahoma Truck Accident
No one wants to have to bring their case to court after a commercial truck accident. However, to avoid going to trial, it is essential to consider all your legal options.
Filing an Insurance Claim
First, if you hope to avoid filing a truck accident lawsuit, you will more than likely need to file an insurance claim. When you file a claim with the insurance company, the policyholder’s insurance coverage will provide you with compensation that covers specific types and amounts of damages.
However, dealing with the insurance company is not easy. You will need to have your truck accident lawyer advocate for your rights to ensure you are not taken advantage of.
How Insurance Claims Work
Oklahoma follows fault insurance laws. While carrying personal injury protection (PIP) coverage is an option that allows you to file a claim with your insurance company without regard to fault, Oklahoma’s fault-based insurance laws require the liable party to be held accountable for their actions. This means you will file a claim with their insurance company first instead of your own.
Insurance Tactics to Be Weary Of
Unfortunately, insurance companies are money-hungry. They frequently care more about prioritizing their own financial interests above your needs. Insurance adjusters have been known to misrepresent the policy terms, delay claim processing times, and deny claims for even the most deserving claimants.
Do not be surprised if the insurance company attempts to blame you for causing the accident, makes you an insultingly low settlement offer, or makes fast offers designed to tempt you into settling for less than you deserve.
Bringing Your Truck Accident Case to Trial
You may need to bring your truck accident case to trial if:
- The insurance company is handling your claim in bad faith
- Your insurance settlement does not cover your damages in full
- The liable party does not have enough insurance coverage
- The responsible party does not have any insurance coverage
Bringing a truck accident case to court is not always a bad thing, despite the negative connotations. Going to trial can be more time-consuming and costly. Still, at the end of the day, it may be your best chance to recoup the entirety of your damages as opposed to the limited damages that may be available through an insurance claim alone.
Get Your Claims Filed Before Time Runs Out
When you need to bring your truck accident case to court, it is crucial that you do so before the statute of limitations deadline. Under Oklahoma laws, personal injury lawsuits must be filed within two years of the accident.
However, if extenuating circumstances are present, the amount of time you have could be increased or decreased. This often means the statute of limitations deadline is unclear. When you need answers and want to avoid being prohibited from pursuing your case further, make sure you have your truck accident lawyer take over the legalities.
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Get Help from an Oklahoma Truck Accident Lawyer Today
Although going to court can seem like too much to take on when you are dealing with debilitating injuries, you do not need to do it alone. You will have the legal support and guidance of an experienced Oklahoma truck accident lawyer at BDIW Law.
With our firm by your side, you can rest easier while we build a powerful case against the liable party. Learn more about how your truck accident insurance and civil claims might work when you contact our office for a free, no-obligation consultation. You can reach us by phone or through our quick contact form to get started as soon as today.
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