Most of the victims of large truck accidents are the occupants of other vehicles. The consequences of a truck accident can be overwhelming for the victim and their family. In addition to dealing with life-altering injuries, the victims often incur significant debt and expenses because of the accident.
The claims process after a truck accident in North Dakota can be confusing and frustrating. An experienced North Dakota personal injury attorney can help you by providing legal advice, support, and guidance while you navigate the claims process.
What Happens After a Truck Accident in North Dakota?
The claims process after a truck accident depends on the unique circumstances and factors involved in the case. However, most truck accident claims involve the following steps:
Receive Medical Treatment
Victims of large truck accidents often require emergency medical treatment. It is crucial to continue medical care until your doctor releases you or states that further treatment is not expected to improve your condition.
File an Insurance Claim
Generally, the claims process begins when you file a claim with the at-fault party’s insurance company. If the truck driver caused an accident, the trucking company is often liable for the damages.
However, other parties could share liability for a truck accident, including motorists, loaders, maintenance companies, truck manufacturers, and government entities. Therefore, more than one insurance company could be involved.
You can also file a PIP (Personal Injury Protection) insurance claim with your no-fault insurance provider. North Dakota requires all drivers to have a minimum of $30,000 in PIP coverage.
Prepare a Demand Letter
Once you complete medical treatment, your attorney prepares a settlement demand letter. A demand letter includes:
- Details about the parties involved in the claim
- A summary of how the accident occurred
- A discussion of the legal basis for liability
- Information about your injuries, financial losses, and other damages
- An amount you are willing to accept for settlement
The insurance company considers the demand and responds. They may accept the demand and pay the claim, deny the claim, or make a counteroffer. Generally, the company makes a counteroffer, which begins back-and-forth settlement negotiations.
Settlement or Lawsuit
If settlement is possible, the parties sign a settlement agreement, and the insurance company or at-fault party pays the victim the agreed-upon settlement amount. However, if the parties cannot agree to a settlement amount, the injured party must file a lawsuit to pursue a claim.
There is a chance that the parties may settle the lawsuit before the case goes to trial. Generally, the parties engage in settlement negotiations after completing discovery.
Do I Need a North Dakota Truck Accident Attorney to Handle My Case?
Numerous elements of a truck accident case are key to receiving compensation for damages. Those elements include:
- Determining the cause of the truck accident
- Identifying the parties who are responsible for causing the accident
- Gathering evidence proving liability
- Documenting damages and calculating how much the case is worth
- Responding to allegations of blame and comparative negligence
- Negotiating a settlement or going to trial
The trucking company and insurance provider have unlimited resources to fight your claim. Hiring a personal injury lawyer gives you the resources and expertise you need as you seek fair compensation for a truck accident claim.
Schedule a Free Consultation With Our North Dakota Personal Injury Attorneys
Commercial truck accidents cause catastrophic injuries and wrongful deaths. The trucking company and its insurance provider are not interested in paying a fair settlement for your claim. Our legal team at Pringle & Herigstad, P.C. fights to protect your best interests. Call for a free case evaluation with an experienced North Dakota personal injury attorney.
