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semi truck accident

Got Into a Semi Truck Accident? | How to File an Accident Lawsuit

Have you been recently injured as a result of the negligence of a truck or semi truck driver?

There are more than six million automobile accidents on the roads of the United States each year. These crashes range in severity and can leave a driver with significant injuries that change their life forever.

What should you do if you are injured after a semi truck accident in the State of New Mexico?

Read on to learn how to get the justice you deserve by filing a truck accident lawsuit?

Speak to an Aggressive Attorney

It’s crucial that you speak to an aggressive attorney to represent your interests as soon as possible after your accident.

But what makes an attorney the aggressive one you need to represent you in your case?

The lawyer you choose should be one that has represented plaintiffs in automobile accident cases. When you get hurt in an accident, the other driver(s) may have insurance policies available to cover the cost of your injuries. However, that doesn’t mean that these insurance companies will be prepared to write a check.

Oftentimes, these injury claims get handled by attorneys that represent insurance companies and their insureds. The lawyer you hire should have experience with fighting for their clients against insurance companies. 

They should also be well-versed in the areas of negligence and personal injury law. This will enable them to advocate for you in and out of court, and explain the strengths and weaknesses of your particular case. 

Treat For Your Medical Injuries

Your personal health and safety are of paramount importance before, during, and after your accident. 

This makes it imperative that you seek medical treatment for any of your injuries – whether they are small or large. Sometimes after an automobile accident, you may not experience symptoms of your injuries until days later. 

For example, you may start to have lower back pain a few days after your accident. When you experience this pain, it’s important that you don’t ignore it. You need to speak to doctors that will treat the pain and give you the best opportunity to live a normal life after the accident. 

The doctors and medical facilities where you treat should be familiar with treating patients that have been injured in automobile accidents so that they can prepare a treatment plan that best fits your needs.

They will also evaluate your injuries to determine a rehabilitation plan or speak to you about surgery options that can resolve your symptoms. 

Make a Pre-Suit Demand

Once you hire an attorney to represent you, they may recommend writing a pre-suit demand letter to the other side.

This letter is your chance to present the facts of your case and your medical records in a way that is most favorable to your position.

The pre-suit demand often includes a brief synopsis of the facts and reasons why the other side is liable for causing your injuries. It will also include important medical records that show the impact of the accident on your life.

A pre-suit demand letter will also make a formal demand for the other side to pay  money to settle the case before you file a lawsuit.

Sometimes, the other side will review the information in a pre-suit demand letter and make a formal settlement offer to your attorney. Other times, an injured party may be forced to file a lawsuit to seek justice in their particular case.

Your lawyer should be a strong writer who understands how to explain the law and your health issues in the most favorable light.

Filing a Lawsuit

If a pre-suit demand doesn’t result in a settlement in your case, the next step is to file a lawsuit against the other parties in court.

But deciding who are the appropriate parties to sue is important to your case.

For example, the semi truck driver that injures you may be driving for a company in a vehicle owned by another individual. This may give you the ability to file a lawsuit against not only the driver of the semi truck, but his or her employer and the owner of the vehicle! 

Your attorney should have experience drafting a Complaint that alleges that proper facts to establish the liability of these parties. A Complaint is the legal document filed in a New Mexico court to begin a lawsuit.

Once a Complaint is filed in court, a summons and a copy of the Complaint must be served on each party. 

Once the defendant has answered the Complaint, you will begin participating in discovery. This is a process that allows each party to learn more about the facts and evidence that exist to support each respective position. 

It’s likely that during a lawsuit, you will take part in a deposition. You will be under oath, and the other side’s attorney will ask you questions. Some of the topics they may ask you about are the facts of the case, your medical treatment, and medical history.

Your attorney will prepare you for a deposition by discussing the kids of questions you will be asked and how to present yourself in the best way. If necessary, your case may proceed to a trial where a judge or jury will listen to the facts of the case and render a verdict.

Wrapping Up: Justice After a Semi Truck Accident

A semi truck accident can leave you with lasting injuries that change the way you live your life each day.

By speaking to an experienced attorney to explain your situation, you can learn the best way to seek justice for you and your loved ones. But it’s important that you don’t wait to speak to a lawyer who can help you.

At the Law Office of E. Marvin Romero, we are an experienced firm dedicated to serving the best interests of our clients. We have represented victims injured in automobile accidents in New Mexico. 

Contact us today to learn more about our services and how we can help you navigate the legal system in your case!

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