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Process of a Truck Accident Claim in Illinois

February 10, 2020 Published in Truck Accidents

Getting into a truck accident can be a scary experience. If you have been injured in an accident due to the negligent actions of a truck driver or trucking company, you should be compensated for what happened. Unfortunately, the insurance claims process for an Illinois truck accident case can become incredibly complicated and drawn out. There are several steps to the truck accident claims process that you should be aware of. Please keep in mind that a skilled Illinois truck accident lawyer will be able to help guide you through each step of your case.

First stage for a truck accident claim

The first stage of a Springfield truck accident claim begins right after the accident. This is the time to focus on your well-being. You must seek medical attention while at the same time pursuing your claim. Every aspect of the case needs to be documented. Save every piece of evidence related to the case. This includes:

  • Any video or photo surveillance
  • All medical records
  • Accident reports
  • Letters, emails, and other documents related to the case

Your truck accident lawyer will need all of this information as soon as possible so your claim can be processed.

Second stage for a truck accident claim

The second stage of a truck accident claim revolves around solidifying your case. Your truck accident lawyer will collect any additional evidence needed to prove liability. This could mean they work to secure video footage from nearby homes and businesses. They may need to collect your medical records and have them examined by a trusted healthcare professional.

In some cases, it may be necessary for your attorney to bring in an accident reconstructionist who can testify to the events and causes that led to the crash.

Once your medical treatment is complete, your attorney will file a claim with the truck company’s insurance carrier demanding a settlement for all accident-related expenses. You may be requested to give a statement to their insurance carrier, but you do not have to do so. Your attorney will handle communications for you.

Third stage for a truck accident claim

The third stage in the truck accident claims process will revolve around negotiations with the truck company’s insurer in an effort to secure maximum compensation. This will involve back and forth between your attorney and the insurance carrier’s attorney. If a fair settlement cannot be reached, then your lawyer will move to file a lawsuit against the at-fault driver or trucking company. Your Peoria truck accident attorney will handle filing the case in court and keep you advised of your responsibilities.

Fourth stage for a truck accident claim

The fourth stage in the truck accident claims process will involve the commencement of the lawsuit. Each side will request information from the other through a process called “discovery.” This is where both sides will have the opportunity to look at the evidence of the other side. Both sides can take depositions in which they ask questions of each party under oath. When this is complete, and if a settlement is still not offered, then a trial date will be set.

Fifth state for a truck accident claim

In the final stage of this process, your case will be presented to a jury. The jury will hear all of the evidence in the case from both your attorney and the insurance carrier’s attorney. A jury will decide, based on the facts presented to them, whether a settlement will be made and how much it will be.