Will I Have to Go to Court If I File a Truck Accident Claim?

truck on highway

When recovering from serious injuries, navigating complex legal proceedings is the last thing you want to do. Put another way, if you were recently hurt in a large truck crash, you’re probably wary of taking action, even if you have grounds for a claim.

Fortunately, most truck accident claims don’t actually go to court. Those that are supported by sufficient evidence of both liability and damages are usually settled.

It’s important to be realistic, however, and to recognize the fact that there’s always the chance your case could be one of the few that evolves into a formal lawsuit. As long as you enlist help from a resourceful personal injury attorney, though, you won’t have to navigate the proceedings alone.

In fact, a seasoned lawyer can handle virtually every aspect of the claim on your behalf, whether it ends up in court or not. What’s more, most reputable personal injury firms work on a contingency fee basis—which means they won’t charge a fee unless they recover funds on your behalf—so you’ve got nothing to lose by seeking representation.

What Kinds of Disputes Most Often Result in Litigation?

Since every tort action is inherently unique, there’s no way to predict with 100 percent accuracy which claims will end up before a judge. There are, however, a few kinds of disputes that most often lead to litigation. Factors that make for an especially complex case can also increase the likelihood of having to go to court to recover what you deserve.

Generally speaking, injured parties have a higher chance of having to file a formal lawsuit if their claim involves:

  • Significant damages,
  • Multiple at-fault parties, or
  • Questionable evidence of liability or losses.

The liable party’s insurance adjuster may also be less inclined to negotiate if the injured party contributed to the wreck in some way. Since Florida has a pure comparative fault rule, however, you’re not barred from recovering compensation if you played a role in the crash. The total amount to which you’re entitled will simply be reduced by your own percentage of fault.

How Can I Reduce the Likelihood of Going to Trial?

The best way to keep your case out of court is by putting together the strongest claim possible. The more convincing the evidence, the more inclined the insurance adjuster will be to negotiate and hopefully offer a fair settlement.

If you’re not sure how to go about building an airtight case, don’t worry; a truck accident attorney can help. Just make sure to find someone who has relevant experience handling similar claims, so you’re in good hands.

Discuss Your Case with a Truck Accident Lawyer in Florida

If you were seriously hurt in a large truck crash through no fault of your own, you deserve justice, and the compassionate team at Emerson Straw can help you pursue it. Backed by more than 70 years of collective experience in the legal field, our team is proud to advocate for those who have been wronged by others. To set up a free, no obligation consultation with a truck accident attorney in Florida, complete our Online Contact Form or call (727) 821-1500.