Law Offices of John Rosenberg A Professional Law Corporation

Call Now For A Personalized Consultation

(818) 530-1770

Law Offices of John Rosenberg A Professional Law Corporation

When filing a claim for injuries in a truck accident, there is so much at stake in terms of your health and getting the best medical care, making sure that it is all paid for, and dealing the devastating effects that injuries can have on one’s life. You just cannot trust a trucking company or its insurance company to look out for your best interests. They will not. They will look out for their own best interest first, so you, as a victim of a truck collision must also do the same for yourself and your family. You will be dealing with experienced claims representatives and lawyers on the other side whose job it is to protect the trucking company and insurance company. The defense interests will be working to protect themselves and save as much money as possible on your claim. You must have someone able to go toe to toe with the other side who is looking out for you.

You will need to have good experienced legal representation on your side to level the playing field. You must hire and retain the best and most experienced you can find. Lawyers in personal injury cases work on a contingency fee basis, where they are paid based upon what they recover for you, and they are not be paid until the job is done. This gives the lawyer an incentive to do a great job for his or her clients.

If A Family Member Or A Loved One Is Killed Or Has Been Killed In An Auto Wreck Caused By A Semi-Truck Driver, Is Pursuing A Wrongful Death Claim Possible?

A wrongful death claim is available in California for families of people killed by the negligence or fault of a truck driver, the trucking company, the truck owners and the people and businesses whose interests are being served by the negligent truck driver. Eligibility for wrongful death claims is defined by statute in California. The people who have a right to pursue a wrongful death claim are the spouse or domestic partner of the person who is killed, the children of that person, the children of deceased children, (meaning some grandchildren whose parents have previously died), and people who are dependent upon the deceased person including stepchildren and parents. These are the people might be owed compensation in a wrongful death claim, as well as the estate that the person who was killed in the collision. In California a will or rules of intestate succession if there was no will, would determine who represents the estate in a wrongful death claim.

How Often Do Trucking Accident Cases End Up Going All The Way To Trial In California? Is Taking My Case To Trial Worth It?

Statistically, as many as 95% of accident cases, whether they are trucking cases or not, settle and do not go to trial. Pursuing an injury or wrongful death claim does not mean that you will go to trial and end up in front of a judge or jury. Those 95% of cases that settle do so because of the facts of the case allow for an agreement that can be reached as to the amount of damages that your heirs are entitled to. In settlements we seek an amount that approximates what a jury verdict might be if your case did go to trial. A settlement takes into account potential liability factors, because not all cases are 100% the fault of the other driver.

In the 5% of the cases that go to trial, there is usually a disagreement as to the value of the case or a disagreement as to where the liability rests. If a settlement cannot be reached, then the case will go to trial with a judge and jury. Is a trial worth the time, expense and effort? When you are in the hands of an experienced trial attorney, the reward of proceeding to trial can be substantial. However, while an experienced trial attorney can obtain a huge jury verdict, there is always a risk in taking a case to trial and relying on a jury to decide the outcome. That is why the best attorneys will recommend going to trial only after exhaustive efforts to obtain a fair settlement fail and a thorough discussion is held with you to explain the benefits and risks of trial.

For more information on Trucking Accidents Law In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (818) 530-1770 today.

Law Offices of John Rosenberg A Professional Law Corporation

Call Now For A Personalized Consultation
(818) 530-1770