Personal injury lawsuits look a lot different than the criminal cases we’re used to seeing in movies and TV. In fact, it is unlikely that you’ll step foot in a courtroom for your personal injury case.
Most lawsuits — about 95% — are settled without going to trial. Whether a commercial motor vehicle wreck case settles out of court or ends in jury trial depends on liability and the insurance companies involved, among other factors.
Regardless of the specifics of your case, it is important that you hire an attorney who has trial experience and has successfully represented truck-wreck victims before.
The way to get full value is to work with experienced truck accident attorneys who will pursue your case to go to trial if necessary. If the defense knows you are prepared to go to trial, they can’t take advantage of you.
The Basics of a Truck Crash Lawsuit
In a personal injury lawsuit, the goal is for the plaintiff (the injured person) to gain compensation for any damage they incurred as a result of an accident. In a commercial motor vehicle wreck case, there are a few categories under which compensation may fall:
- Economic Damages: Includes medical bills, lost wages and property damage. May also include future medical care and lost earning capacity.
- Non-Economic Damages: Includes pain and suffering, anxiety, depression and PTSD. May also include loss of enjoyment of life.
- Punitive Damages: May be added to other damages to punish the defendant(s) for their gross negligence and to discourage similar conduct in the future.
A personal injury case, especially one involving a semi tractor-trailer or another heavy truck, can last from a few months to a few years. Your attorney will handle all of the negotiations on your behalf, but you should feel included in every step.
A good truck wreck lawyer will be transparent and communicative with clients throughout their case. These lawsuits can be confusing and tiring, but your attorney’s team can help you understand the process.
If you have been seriously injured in a wreck caused by a trucker, you should contact a personal injury attorney who focuses on trucking cases. Their team can investigate the crash and speak with witnesses to determine liability; calculate any financial loss you’ve experienced as a result of the wreck; and communicate with the trucker, his employer, and any insurance companies involved.
How Do Personal Injury Lawsuits Normally End?
Because the goal is to secure fair compensation for clients, successful personal injury lawsuits end with a satisfactory amount of money being awarded to the plaintiff.
Early in your case, we’ll collect evidence and establish the facts of your crash. Once we’ve gathered the information we need, we will submit a letter of demand to the defendant’s insurance company. If they deny liability or make an unfair offer, we will file a lawsuit. This is when settlement negotiations begin.
Usually, insurance companies will try to prove the plaintiff was at least partially at fault for the wreck. Remember, their goal is to pay you as little as possible.
If they succeed in assigning some blame to you, they may deduct your share of fault from your total recovery. For example, if you have $100,000 in damages and are 10% at fault for the accident, your recovery will be reduced by $10,000, or 10% of $100,000.
In any case, the process will include negotiations between your attorney’s team and the insurance company. It will end in one of two ways: with a pre-trial settlement or with a trial.
Data shows that the vast majority of lawsuits settle without trial. However, cases that do reach the courtroom are significant — and your attorney must be prepared for that possibility.
Reaching a Settlement in a Semi-Truck Wreck Lawsuit
If your case is settled, it means the defense side has offered satisfactory damages. It is important to remember, as a client, that your attorney should not accept a settlement without first consulting you. Your lawyer is there to advise you and help you through the process — but the decision is ultimately yours to make.
If the plaintiff and defense attorneys cannot reach a settlement amongst themselves, your lawsuit may move to mediation or settlement conference.
What is Mediation in a Personal Injury Case?
If settlement negotiations have hit a wall, mediation is the next step. Some attorneys take cases to trial without mediation, but mediations have proven to be successful in resolving settlement disputes.
Richard Kraege, an attorney and partial owner of The Mediation Group, joined me on episode 28 of my podcast, “After the Crash,” to discuss mediations.
Meditation (sometimes called a settlement conference) is a settlement agreement with a facilitator. It gives the parties in a personal injury lawsuit an opportunity to reach a mutually acceptable agreement without having to go to trial.
A mediator, like Richard Kraege, will ease communication and facilitate negotiations between the plaintiff and defense sides. The mediator is neutral and does not have decision-making power.
Richard emphasizes that mediation can empower the client by involving them in negotiations and decisions. The client and their needs are the central focus of this session. Mediation may last several hours or a full day. If it fails to resolve the case, a second mediation may be held.
One common misconception is that personal injury lawsuits are all about the money. However, my 35+ years of experience representing truck wreck victims have shown me that clients care about knowing why a tragedy occurred and how similar situations can be prevented in the future.
For example, in one mediation, a client accepted significantly less money on the condition that the trucking company agreed to make changes. Client involvement in mediation is powerful and can positively affect a case’s outcome.
However, in larger or more complex cases, mediation may not be enough.
When Commercial Trucking Cases Go to Trial
Most personal injury cases are settled before trial. However, about 5% of them will end up before a judge and jury. It is crucial that clients hire attorneys who have recent experience taking cases to trial.
While the prospect of going to trial can be daunting, it is an opportunity to share your story with a jury. Juries should listen to victims’ stories and make informed decisions based on the facts presented by both the plaintiff and defense attorneys.
A trial may last days or weeks, depending on the case. Unfortunately, to the defense — the insurance and trucking companies — a trial is another business transaction. Their job is to save money, and they can do this by trying to discredit victims or minimize their stories.
As I wrote in my book, “Semitruck Wreck: A Guide for Victims and Their Families,”
They’re going to do things along the way that will frustrate you. They’re going to anger you. But that’s part of the game that they’re playing. Don’t let it work. Don’t do it, don’t give in. Just hang in there with your attorney; let them help you through this process. Remember, at some point, the delays and games will end, and the jury will get to hear your story. (pp. 108-109)
A good semi-truck accident attorney will prepare extensively for trial, finding folks to testify, like doctors, witnesses, life care planners, and others. Your attorney’s team will meet with these witnesses to prepare them for trial and help them feel comfortable testifying.
When the trial arrives, your lawyer has two important tasks: proving liability and establishing damages. The jury must understand how and why the defendant is at fault, as well as the magnitude of the losses you faced after the wreck.
As I mentioned earlier, jury trials often work to injured clients’ advantage. This is because, in Indiana, a jury is made up of six regular people. They are human beings with families, jobs and hobbies. They have different backgrounds and beliefs. They are like you.
Jurors may hear a plaintiff’s story and resonate with it personally. They may have experienced trauma in their lives. These jurors aren’t loyal to a certain party, nor do they prioritize one side’s financial gain.
Once they have heard from the plaintiff and defense attorneys and each side’s witnesses and experts, the jury will deliberate privately. They must agree on liability and damages owed. Then, they present it to the judge, who enters it as judgment.
Sometimes, the losing side will appeal the judgment to try to change it. The client is not involved in this process, but it often takes at least a year to come to an end.
What Happens After My Personal Injury Lawsuit Ends?
Your lawsuit ends, you get your money, and life goes back to normal. If that were the case, the process would be much easier.
Unfortunately, these cases follow devastating events. Grief and injury don’t magically disappear once your case is closed, and neither do some stressors. At Craig, Kelley & Faultless, we believe it is important to hire financial planners to help clients manage their compensation.
Sometimes, the recipient is a minor, and a financial planner can create a framework for saving and managing the money. Settlement advisors, life care planners, and trust and estate attorneys can also help with this organization process.
Your attorney should help facilitate the aftermath of your case. They are there to guide you through every part of your personal injury lawsuit, even once the checks are signed and sent.
Finding a Good Personal Injury Accident Attorney
If you know what to look for, you can find the best attorney for your case and trust them to handle it expertly.
Attorneys at Craig, Kelley & Faultless represent clients in Indianapolis and St. Louis. They also handle heavy-truck wreck cases across Indiana, Missouri, Illinois, Ohio, Kentucky, Iowa, and Tennessee, where the firm has licensed lawyers.
Craig, Kelley & Faultless has 25+ years of experience representing victims of wrecks involving big rigs, and two of the firm’s partners have achieved board certification in Truck Accident Law.
Contact us today for a free case consultation at (800) 746-0226 or with the online form.
David W. Craig is a nationally recognized truck accident lawyer who sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. He was the recipient of the National Thurgood Marshall “Fighting for Justice” Award for his work helping victims of truck wrecks. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
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