Involved in a trucking accident? Know before you settle!

by William C. Brewer on Jun. 15, 2018

 General Practice 

Summary: Persons in West Virginia who have had the misfortune to be involved in trucking accidents often find themselves recovering from more than just injuries.

Persons in West Virginia who have had the misfortune to be involved in trucking accidents often find themselves recovering from more than just injuries. The aftermath of such accidents often includes lost wages, pain and suffering, and staggering medical expenses for which the injured parties seek compensation from the trucking companies. It is not unusual for these types of cases to be settled outside of the civil courts for a number of reasons. However, just as there are advantages to seeking to settle a truck accident, there may be disadvantages as well. Therefore, it is a good idea to be aware of the pros and cons of settling such a case before signing a settlement agreement.

Arriving at a settlement agreement is advantageous for several reasons. It is typically less expensive than going through court litigation and takes less time. It also is usually more amicable and less argumentative than a lawsuit because the parties involved are seeking an agreeable resolution. Additionally, the terms of the settlement are usually kept private.

However, just as there are advantages to seeking a settlement, there are also some possible disadvantages that should be considered as well. For instance, settlements are usually final and plaintiffs usually waive any right to seek future damages from the accident. There is also the risk that the agreed-upon settlement amount may be less than the injured party might have been awarded in court.

When a trucking accident results in property damage, injuries or worse, it is a good idea to consult an attorney who is experienced in handling cases of this type before deciding to settle or sue for compensation. The attorney may recognize pertinent factors of the case that would indicate whether a settlement would reap the most significant benefit for the injured as opposed to a lawsuit.

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.