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Pursuing Justice For Accident Victims In Indiana

This is what to expect if you're in a serious truck crash

If you're in a truck accident and expect a settlement, there are things you should know. For instance, did you know that your claim for compensation goes through the civil court, not the criminal court? It's completely possible for the person who struck you to face criminal charges separate from your civil lawsuit.

If both cases are headed to court at the same time, you might have questions about how to pursue your claim. Here are a few common issues that could come up.

Should you wait to file your lawsuit until the criminal case is resolved?

That's up to you. If there is a criminal conviction before you file, it helps provide the evidence needed to make the most of your claim. Even if the individual isn't convicted, you still have a potential to obtain compensation.

How are settlements usually reached after truck accidents?

In most cases, companies want to keep truck accidents out of court. Litigation is costly, so if it can settle with you, it will do so. Settlements usually take place after going through alternative dispute resolution, or ADR. This could include mediation, arbitration or negotiation between attorneys. It's possible to keep your case in court while simultaneously working toward a settlement in ADR.

Should you take a settlement after a truck crash?

That depends on the offer. You need to know how much your expenses are and add those up with your losses. Additionally, consider how much you want for your pain and suffering. At the very least, the offer needs to cover your true financial losses. Settlements are binding, so never agree to one that you don't believe is high enough.

Source: FindLaw, "Trucking Accident Settlements: What to Expect," accessed Oct. 25, 2017

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