Truck accident victims have two options when seeking compensation. They can either file a personal injury lawsuit with the civil court and go through the litigation process or see if the trucking company is willing to settle out of court. In many cases, the defendant will prefer a settlement, and there are several benefits for victims as well.
One advantage to a settlement is that it will save victims both time and money. No matter what method of alternative dispute resolution victims use, they will be able to speak privately and frankly with the trucking company's representatives about the accident. The most common methods of ADR are mediation, negotiations and arbitration, and they can help both sides reach an amicable agreement without having to admit to any fault.
Mediation and negotiation are nonbinding, which means that victims can have their cases heard in court at the same time. Binding agreements force victims to waive their right to a trial for the same claim. All settlements also prevent victims from pursuing other legal claims tied to the accident or the injuries arising from it.
The amount received will be taxed, though, at a different rate based on whether it's dispersed in structured payments or a lump sum. Settlements always pay out less than what victims might receive with a successful lawsuit.
Victims can seek legal counsel when weighing all their options. More importantly, a truck accident attorney can evaluate a claim and ensure that a victim has the grounds for a settlement. If the victim contributed to the accident, this will have to be factored into the potential settlement before a lawyer moves on to ADR. An attorney could have an in-house team of investigators recreate the accident and find proof that the trucker was drowsy, distracted or engaging in some other negligent or reckless behavior.
No Comments
Leave a comment