How Do Truck Accident Claims Work?
In today's post, we answer the question "How Do Truck Accident Claims Work In Oregon". Truck accident claims are a type of personal injury claim. Personal injury claims result when an individual is injured due to the negligent conduct of another. Personal injury claims almost always involve negotiating settlements with insurance companies. Settlement negotiations for a trucking accident claim begin in earnest after three things occur. Those three things are determining fault, documenting injuries, and estimating future treatment costs. Let's go over them in more detail.
Truck Accident Claims
First, fault is assigned.
Fault can be completely one-sided with a party being 100% at fault. Alternatively, there may be comparative negligence in which both parties are partially at fault. In Oregon, there is an important distinction between being 50% at fault and 51% at fault. Under Oregon personal injury law you cannot be primarily at fault to seek compensation. If you are 51% at fault, you are over the threshold and cannot recover compensation for personal injuries. This distinction is what makes Oregon a "modified comparative fault" state. Washington is a "pure comparative fault" state, and you can seek compensation even if the other party was 1% at fault. It is important to note that your recovery will be reduced by the percentage for which you are liable.
Fault determination can be difficult and the insurance companies will do what they can to avoid accepting liability. Our personal injury attorneys will thoroughly investigate your claim. Gathering evidence to prove liability is a crucial step in a personal injury matter.
Second, any injuries have to be properly documented.
Medical care involves a lot of bills and other paperwork. The attorneys of Johnson law will work with you to accurately document your injuries. Injury documentation is important for determining how much compensation is owed. This is because medical documentation will show, to some extent, the injuries you had and the impact those injuries had on your life. Prompt and consistent medical documentation is helpful in showing the insurance companies that you were injured by the collision and what it took to recover from the injuries sustained. Many insurance companies will jump at any opportunity to claim a condition or injury was preexisting. An experienced personal injury lawyer can really help with this step.
Finally, future treatment needs are established.
Estimating future treatment needs can be a difficult task. Predicting the future is never easy. This is why an experienced advocate is particularly useful. Truck accidents often involve severe injuries. Lingering pain or disability should have proper documentation and deserves proper compensation. Once a case has been settled and a release signed, outside of the rare exception, there is no way to reopen the claim. Be very careful in reviewing the terms of a release if you agree to settle your claim.
Negotiating A Truck Accident Settlement
Once those three steps are complete, negotiations for a settlement can begin on a trucking accident claim. When you retain Johnson Law, negotiations occur exclusively between the insurance adjusters and the attorneys at Johnson Law so that you can concentrate on recovering from your injuries and putting your life back together. The clients of Johnson Law are updated throughout the entire process as much as they desire. You will be informed of any settlement offers received. Our attorneys will always tell you what they think your best option is. Just as important, our attorneys will take the time to explain why they think you should or shouldn't accept an offer.
This is just part of how truck accident claims work. There is additional information on truck accidents available throughout our website. Contact us for your free consultation. One of our award-winning attorneys will tell you more about how truck accident claims work. We are happy to answer any other questions we can. Johnson Law helps people just like you get the compensation they deserve.