Truck accidents are no doubt one of the most terrible things to ever happen to a person. People can sustain serious injuries or even die, and there can be great damage to property too. It is very important to look at this reality from a legal point of view and know what comes next, especially with respect to the timeline of a truck accident lawsuit.
This article is comprehensive, and provides only facts, when it comes to the quest of suing for truck accident injuries – specifically, the time frame in which one can expect the entire process to take place, the role of medical chronology preparation in this process and the strategies that you can utilize to facilitate the movement towards a settlement of your case.
Medical Chronology Preparation
Medical chronology preparation is a very important part of a truck accident claim or any claim for that matter. Simply put, a chronologically arranged bundle of a defendant’s medical records which details every diagnosis, medication, and treatment ever received by the plaintiff constitutes what is known as a medical chronology. This documentation is crucial for establishing causation, assessing the degree of suffering, and calculating losses.
Our company provides medical record reviews for attorneys and law firms in the USA. We aim to meet attorney requirements in regards to medical record content and work with attorneys to provide one the elements required to prove a case.
How a Chronology Is Used by Legal Teams
A medical chronology is a powerful tool in the hands of a skilled legal team. Here are some ways a chronology is used:
- Establishing causation: The medical chronology serially assists in connecting an automobile accident to the injuries sustained by the plaintiff.
- Demonstrating damages: A chronology also assists in calculation of the plaintiffs medical costs, salary loss, and other damages.
- Identifying patterns and trends: A chronology is useful in identifying changes and progression in energy and activity within the plaintiff’s medical records.
- Supporting expert testimony: Economists, medical professionals and other specialized experts may use the assistance of a medical chronology to support their expert witness accounts.
Truck Accidents May Require Substantial Investigation
If a suit is initiated after truck accidents, a considerable amount of time will be taken to probe into the matter. Some factors that may contribute to longer of prolonged investigations include:
- Multiple parties involved: Truck accidents include a multitude of participants such as the automobile driver, the owner of the trailer truck and the rest of the automobiles involved.
- Complexity of the accident: Tractor trailer accidents can be catastrophic because they are complex, multi vehicle, involve hazardous materials plus so many other variables.
- Availability of evidence: Extracting relevant evidence such as videos, eyewitness testimonies and correlating evidence is a long procedure and may consume time.
Determining Liability in a Truck Accident Case
Determining liability in a truck accident case can be challenging. Some factors that may influence liability include:
- Negligence: In regard to negligence, was the trucker or some other party incompetent and caused the accident?
- Recklessness: In regard to recklessness, were there acts such as speeding or texting by the trucking operator or some other person?
- Strict liability: In regard to strict liability, there are instances when a trucking company can be held liable irrespective of the company putting a defence.
Other Factors Can Cause Delays in Truck Accident Settlements
Several factors can cause delays in truck accident settlements, including:
- Disputes over liability: Arguments about liability can make the process of settlement longer than it should be.
- Complexity of damages: Assessing damages like medical costs, loss of income, and pain endured can also be a lengthy process.
- Availability of insurance: Although coverage does take time, the availability of insurance can also slow down the settling process.
Actions You Can Take to Move Your Case Toward Settlement
While the lawsuit timeline can be unpredictable, there are actions you can take to move your case toward settlement:
- Gather evidence: Accumulate as much evidence as possible including but not limited to: witness accounts, video evidence, tangible items.
- Keep detailed records: Do not forget to gather all medical records and receipts for medical treatments and time that has been lost as well as damages.
- Communicate with your attorney: Don’t just assume your lawyer will call you; always pick up the phone and find out how things are going with your case.]
Case Study 1:
- Background: A 35-year-old truck driver who got into an accident while driving on a busy highway. The driver was injured and incurred considerable trauma including a TBI and several broken bones.
- Obstacles: The inquiry was complicated, as there were many participants and large volumes of evidence.
- Strategies: We performed the case analysis in combination with the medical specialists and legal experts enabling us develop a detailed medical history and establish causation and damages.
- Outcome: District Court in favor of the plaintiff, Judge awarded injured the majority of the sum it claimed covering health expenditures, lost earnings and distress.
Case Study 2
- Overview: A mother of two, aged 40, was on her way to work when she was involved in a truck accident. As a result of the crash, the mother sustained severe injuries, specifically a spinal cord injury, and many bone fractures.
- Challenges: The trucking company was reluctant to accept liability and argued that the mother bore some responsibility for the accident.
- Solutions: Our team effectively collaborated with the legal team in preparing a comprehensive medical chronology which established cause and effect and proved damages.
- Compensation: The mother was awarded a large settlement including recovery of medical bills, wages, and an address of pain and suffering.
Conclusion
Navigating the timeline of a truck accident case requires expertise, diligence, and a deep understanding of both legal and medical aspects. As we’ve seen, the role of expert medical records review services is paramount in building and supporting a strong case at every stage of the process. By understanding this comprehensive timeline and the crucial role of medical evidence, attorneys can approach truck accident cases with greater confidence and clarity, ensuring that justice is served and rightful compensation is secured.
