As if dealing with the repercussions of your trucking accident weren’t enough, now you’re faced with the possibility of being taken advantage of by an unscrupulous attorney or money-grubby insurance company after the mishap. The choice of a good trucking attorney makes all the difference in reducing the trauma you face, not only during the time of the accident, but long after the physical scars have healed and only the emotional ones remain. Here are a few characteristics you should look for in a truck accident attorney, traits that will help you ensure your legal rights to compensation, and deal well with the disruptions the semi truck accident has caused in your life.
- Good Qualifications: If there’s one thing that has to be impeccable in an attorney, it’s his/her credentials, background and qualifications. Check with other clients and obtain references before you sign on the dotted line to give your attorney the license to deal with all aspects of your case. Sites like Lawyers.com or Get a Referral.com provide information on lawyers’ credentials, experience, certifications, ratings and verdicts and settlements. Alternatively, you can use the Martindale-Hubbell legal directory to find details of lawyers in US states or Canadian provinces if they have registered with their local bar association.
- Experience: There’s no such thing as too much experience – the more similar cases your attorney has handled, the higher your chances of winning your case. Choose a lawyer who is well-versed in dealing with complex trucking injury litigation, someone who is familiar with fleet maintenance procedures, or a specialist in Federal Motor Carrier Safety Rules and Regulations.
- A strong trial history: Find an attorney with experience and a willingness to take cases to trial, rather than one who always accepts settlements from insurance companies. Of course, in many cases, settlements are preferred to the added hassles of a trial, but when a lawyer has a track record of opting to settle rather than fight it out in court, the insurance companies often lower their settlement offers.
- Knowledgeable about local laws: Procedures and laws vary from state to state, and personal injury claims are made more complex by state rules and laws. So it is important that your attorney is familiar with what holds good locally, including statutes of limitation that pertain to filing a case and the rights you are entitled to as a victim.
- Affordable: You cannot afford to spend all the money you have or are awarded as settlement on your lawyers. So agree to what percentage your attorney should get as fee before you agree to let him/her take on your case. Most firms charge on a contingency basis rather than an outright fee, where the fee is a percentage of the amount recovered – one more reason for your attorney to win the case at all costs. You don’t owe legal fees if you lose at trial. Sites like the Lectric Law Library or Green Card Lawyers offer a comprehensive listing of the types of fee structures charged by attorneys in the United States.
- Meticulous: A good trucking accident attorney is meticulous about case details. Notice the types of questions your potential lawyer asks as an indicator of whether he or she is able to probe into the intricacies of your case in order to assess its strengths and weaknesses.
- Helpful: Lawyers are primarily concerned with your legal case. The best attorneys, however will also understand the value of your family’s well-being, and will do all he/she can to minimize the effect of the catastrophe on your lives, with honesty and integrity.
- Knows who to sue: The choice of defendant is important if you need to recover the maximum amount in terms of damages suffered, and a good attorney will do his/her research well to identify who should be sued in your case. It could be the driver, the truck’s owner, the trailer’s owner or the company that owns the truck. An experienced attorney will be able to evaluate your options and explain them in a way that allows you to play a role in the decision-making process.
- Knows what you are entitled to: Victims of trucking accidents are entitled to compensation for present and future medical bills that relate to injuries sustained at the time of the mishap, property damages, lost income, expenses incurred in training for a new job if necessary after the accident, pain, agony and suffering (both physical and mental), and restitution for injuries if they will affect how you live the rest of your life. If you are a family member of a victim who was killed in the accident, your attorney should be able to get you monetary damages for the loss of your loved one.
- Negotiates with insurance companies: Insurance companies play a central role in the litigation process, either offering settlements or acting as defendants. A good trucking accident attorney will advise you when it is prudent to accept the settlement and when it is necessary to go to trial so you get what you are legally entitled to. Experience with similar insurance adjusters and companies put litigation attorneys in the best possible position to get their clients a fair compensation amount. Your choice of attorney (his/her reputation) may also enhance your chances of a reasonable settlement even without going to trial.