Semi-truck accidents most common claim is an injury claim.  There are multiple types of injury claims that can be brought after this type of accident.  A few of the claims, as this is not an exhaustive list, are as follows:

  •     Workers Compensation Claim
  •     Personal Injury Claim
  •     Third Party Injury Claim
  •     Wrongful Death Claim
  •     Government Claim

These claims are always brought by a lawyer if a lawsuit is filed.  However, prior to a lawsuit being filed, most insurance companies will call and try to prevent you from talking to a lawyer.

Why is this?

Insurance companies are the ones who have to pay the injured person (you or your loved one) when the driver they insure causes the harm.  Insurance companies know that if they seem really nice, and pay you before you talk to a lawyer, they can pay you a tiny amount of money, rather than what the case is actually worth.  We regularly hear stories of clients getting paid $500 dollars, or $1000 dollars within a few days of the injury, when their cases may be worth upwards of $100,000 dollars or even multiple millions of dollars.  This is a shameful practice by insurance companies, but legal.

The general goal of an insurance company, that knows the person they insure committed a wrong, is to call up the injured person and play nice, but say “Oh I am sorry, we cannot offer you any more money at this time.  This is the most we can do for you right now.”  Then the insurance company will ask you to sign a release. The release ends the possibility of a case, lawsuit or claim, and precludes any future recovery.  This is what the insurance company wants the most.  This release is why insurance companies pay money to injured people.  They want to be relieved of any future responsibility, and this release is the legal mechanism to accomplish this.

Timing:

Every claim (possible lawsuit) has a time period where it can be filed.  If too much time passes, the injured person can no longer file a lawsuit.  The timing of lawsuits is a fancy word lawyers through around often, but often fail to explain.  The timing of a lawsuit is called the “Statute of limitations.” If the statute of limitations “runs,” this is lawyer speak for the time to file a lawsuit has run out.  An injury claim has a certain amount of time that the case can be filed.  The injury claim is filled against the person who caused the accident.  It can be anywhere from 6 months, to 2 years.  Government entities tend to have a very short time frame (6 months) while corporations and people tend to have the longer time frame.

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