How Do I File a Truck Accident Claim?

You’re in the hospital after a truck accident on I-55, trying to figure out your next steps. It’s natural to feel anxious and wonder what comes next. First, take a deep breath. You don’t have to face this challenging moment alone. Here are five steps to file a truck accident claim in Northern Mississippi.

1. Collect evidence

Meticulous evidence is the bedrock of a truck accident claim. Once you’re able to, start gathering your medical records, healthcare invoices, vehicle repair estimates, and other documents that illustrate your financial losses. Pay stubs, past tax returns, or a statement from your employer can illustrate how much income you’ve lost.

The official police report of the accident can prove a crash happened and provide some of the basic case facts. You can contact the Mississippi Highway Patrol or the local law enforcement agency that investigated the collision to ask for the report.

Your losses from a truck crash go beyond your financial losses, though. For instance, you might be in excruciating pain or experiencing traumatic nightmares after the accident. Proving these intangible losses can be a challenge, but one method is to keep a “pain journal.” Write down everything you remember about the accident, then track your symptoms, medical treatments, and overall recovery day by day. If you need further proof of your injuries, consider consulting a mental health professional who can describe your emotional distress.

2. Hire a lawyer

You want to involve a lawyer in your case as soon as possible. An attorney makes your life easier after a crash because they can investigate the collision and pursue your legal claims on your behalf. Your lawyer’s first job is to investigate the accident to determine what happened and who’s to blame. They can also deal with the insurance companies and prepare your case for trial should one become necessary in order to get the compensation you deserve.

3. Send a demand letter

Once your Southaven or Hernando truck accident attorney has completed their investigation and knows who caused the collision, they can send demand letters to the at-fault parties. The demand letter outlines your lawyer’s account of what happened, why the recipient is to blame, and how much compensation it will take to make things right.

Depending on the circumstances, your lawyer might send demand letters to any or several of the following parties:

  • The truck driver
  • The trucking carrier the driver works for
  • Cargo owners and loaders
  • Shipping agents and brokers
  • Vehicle manufacturers

The more people who might be to blame for what happened, the more avenues you have for pursuing maximum compensation.

4. Negotiate a settlement

Once they’ve put the at-fault parties on notice, your lawyer will handle the insurance companies and negotiate on your behalf. Their goal is to secure a fair settlement that compensates you for what you’ve suffered without the time and uncertainty of a trial. If the at-fault parties or their insurers dig in their heels, then it’s time to proceed to litigation.

5. Prepare for trial

If the at-fault parties won’t offer a fair settlement, your lawyer can take them to court and put your argument before a judge or jury. Your lawyer will outline your case, support it through solid evidence, and argue persuasively for a verdict in your favor. While going to trial takes time and involves a degree of uncertainty about the outcome, it might be the best way to pursue the full extent of the compensation you deserve.

Contact Our Southaven & Hernando, MS Truck Accident Lawyers Now

Chatham Gilder Howell Pittman has a proven record in truck accident cases, including a recent case where we recovered almost $2 million in compensation for our client. Let us handle the legal work in your case while you recuperate. Call now or complete our contact form for a free consultation.

Chatham Gilder Howell Pittman helps those who have suffered a personal injury throughout North Mississippi, including the cities of Southaven and Hernando, as well as the counties of DeSoto, Marshall, Tate, and Tunica.

About the Author
Jefferson D. Gilder is a Partner at Chatham Gilder Howell Pittman and was admitted to the Mississippi and Tennessee Bars in 1990. Mr. Gilder is admitted to practice in all courts in Mississippi and Tennessee including Federal Court, the Fifth and Sixth Circuit Courts of Appeal, and the United States Supreme Court. Mr. Gilder's areas of practice include personal injury, criminal, medical malpractice, civil rights, and product liability. Mr. Gilder spent his first ten years as an attorney practicing with his father, Robert G. Gilder, at Gilder Law Firm in Southaven, Mississippi before forming Gilder, Howell & Assoc., P.A. with Jamie W. Howell, Jr. in June of 2000. This firm although as another legal entity has now combined their resources and experience with Chatham – Pittman, to form Chatham Gilder Howell Pittman. If you have any questions about this article, you can reach Jefferson through our contact page.