The paralyzing grief of losing a loved one can make it hard to know what your legal rights are. You’re likely wondering what to do if a loved one is in a fatal truck accident.
In a tragic event like this, turn to an experienced New Orleans fatal truck accident lawyer who can help you learn who caused this, why it happened, and what you can do to get justice for your loved one.
Seek Out Legal Guidance as Soon as Possible
In many fatal truck accidents, families face intense grief but also ongoing struggles with finances and navigating the estate of the individual. Critical to navigating this process is having a skilled and experienced wrongful death attorney ready to provide you with hands-on support so you do not miss any opportunities to get justice and recover losses. There are several steps your attorney will take immediately after a fatal truck accident.
The first is to provide you with a comprehensive consultation. There is no cost to you, but this is the ideal opportunity to tell your loved one’s story. Your attorney will then provide you with complete transparency into whether you have a case, the potential value of that case, and what legal strategies are necessary.
By allowing an attorney to help you with the next steps, you minimize the risk of being taken advantage of by insurance companies or third parties. Your attorney charges you nothing in these situations but provides accurate insight and transparency into a very difficult process.
Here are some of the steps that come after a fatal truck accident that your New Orleans truck accident lawyer can help you navigate.
Collecting Evidence in the Case
Evidence from the accident will prove who caused the accident and why. It may include witness statements, the truck logs indicating the driver’s actions prior to the accident, time off records, and vehicle maintenance.
This evidence allows your attorney to create a list of the potential at-fault parties when looking at what to do if a loved one is in a fatal truck accident.
Communicate with the Insurer
Some insurers will act quickly to try to get you to settle your claim right away, often settling long before you know what all of your losses are.
That puts you at risk for serious financial loss, but the pressure from the insurance adjuster is also something you do not need to deal with right now. Instead, let your attorney communicate with the insurer about the incident, the losses, and the claim.
Document Losses in the Accident
Your truck accident attorney will work closely with you and your family to determine what the losses are from the accident, including final medical costs, burial fees, and lost wages.
In addition to this, your attorney will begin to calculate the losses owed to you, such as those related to pain and suffering and loss of financial support if your loved one was a breadwinner in your home. Punitive damages may apply in some situations as well.
File a Comprehensive Claim
As you get a better idea of what your family member’s fatal truck accident claim may be worth, your attorney has to go to work even more intensely to defend those claims.
They will do this by building a strong, evidence-based claim and then negotiating aggressively with the insurance adjuster to be sure they are treating you fairly. In many cases, this can be a long process, but your attorney has the experience to minimize any risks to you.
Go to Court When Necessary
Wrongful death claims may require a trial or a judge to make decisions about the value of your losses and who must pay for them. A trial-experienced attorney will navigate this entire process on your behalf, supporting you through it but also protecting your family member’s rights. Most of the time, cases are settled before going to court.
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(504) 500-1111What You Can Do After a Fatal Truck Accident to Support Your Outcome
Hiring an experienced New Orleans personal injury lawyer is one of the most important steps you can take to protect your case and get justice. Your attorney will handle most of the steps to filing a claim and recovering damages. There are a few specific things you can do to minimize risks and to support the case.
- Do not speak to the insurance adjuster yourself. They may try to trick you into agreeing to something that is unfair or may even try to shift the blame onto your loved one.
- Stay off social media. You want to update people and share what happened, but doing so could create a risk factor in your damage recovery, especially if the photos or information is misconstrued.
- Provide any details necessary to the attorney you hire about the work your family member did or how they contributed to your life and well-being. You also want to be sure you answer any questions and remain in communication with the attorney.
- Navigate probate and estate administration through your attorney. The loss of a person with an estate could mean going through the complexity of probate, but your attorney will have the specific knowledge necessary to preserve assets and protect you from creditor claims.
- Meet with tax professionals who can offer guidance on reducing your costs related to inheriting assets.
- Focus on getting therapy for you and your family. This is a devastating situation that often leads to the onset of grief and depression.
Seeking out legal guidance ensures you know what your rights are. It also helps minimize the risk that the insurance company will treat you unfairly.
The law creates very specific strategies, and while commercial truck companies are incredibly aggressive in reducing claims, your fatal truck accident attorney is there to help you.
Seek Out a Free Consultation as a First Step in Getting Legal Guidance
Knowing what to do after a loved one is in a fatal truck accident is critical, especially when there is so much on the line. Turn to Scott Vicknair Injury Lawyers to explore your legal rights so you know what to do if a loved one is in a fatal truck accident.
We offer a free consultation with no risk of paying anything if you lose your case.
