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What is the Process of a Truck Accident Lawsuit? McAllen Personal Injury Attorneys

Accidents between semi-trucks and smaller cars are unfortunately too common in the McAllen area. If you’ve been in one of these accidents, you may be wondering what your next steps will be. In this article, we will answer the question, “What is the process of a truck accident lawsuit?” to help you better understand what comes next after your accident.

Your first step should be contacting an 18 wheeler accident lawyer in McAllen. And when looking for a lawyer, you should look for someone with a great reputation. At Carabin Shaw, we’ve been named a Top 10 attorney in client satisfaction by the American Institute of Personal Injury Attorneys, and our reputation speaks for itself. If you’ve been struck by the tragedy that can come from commercial vehicle accidents in McAllen, we’ll fight for you. Here are the steps involved, if you’re wondering “what is the process of a truck accident lawsuit?”

Contact and Hire an Attorney

As outlined above, your first step should be contacting a lawyer you can trust. Once you have found a team of McAllen personal injury attorneys you are comfortable with, you will sign a contract to hire them and begin the confidential attorney-client relationship. This agreement will be called a Retainer Agreement or a Letter of Engagement.

Communication with Insurance Companies

Most personal injury cases in McAllen involve insurance companies as they often are the ones responsible for paying the settlement at the end of truck accident cases. Once you have your attorney hired, only communicate with insurance companies through your lawyer.

You should always report your accident to your own insurance company immediately after an accident, but do not sign any documents without the advice of an 18 wheeler accident lawyer in McAllen. Once the other party’s insurance company reaches out to you, do not answer any questions or sign any documents without the advice of your attorney. Just give them the contact information and name of your McAllen personal injury attorneys and let them handle the insurance company.

Collect and Present Evidence

One of the most important pieces of your case will be the evidence that you and your attorney are able to present. The amount and strength of your evidence will often determine the outcome of your personal injury case. Here are some common types of evidence used after commercial vehicle accidents in McAllen:

  • Police reports - This helps determine baseline facts from an objective third party about the case, such as: who was involved, when the accident occurred, who was at fault, and the injuries sustained.
  • Medical records - These records help put a dollar amount on your injuries and paint an accurate record of the extent of injuries you sustained in the accident.
  • Eyewitness testimonies - Taking eyewitness testimonies on the day of the accident is essential to providing depth and verification to your testimony.
  • Photographs of the accident - Photographing the accident scene presents great visual evidence of what happened.
Sending the Demand Letter & Seeking Settlement

Your lawyer will send a document known as a “demand letter,” which outlines all of your demands, such as injury details, financial and emotional impact, evidence, and most importantly, your requested financial compensation. Once the demand letter is sent, the other party can either accept, deny, or attempt to dismiss. If they accept your demand, you will be able to settle out of court for the requested amount. If they deny, they will often send a counteroffer that can go back and forth until an agreement is reached. Denial can also lead to a trial if no agreement is reached. However, keep in mind that most personal injury cases settle out of court.

Contacting an Experienced Lawyer

If you’ve been injured in an accident with an 18 wheeler, you need someone on your side. At Carabin Shaw we’ve recovered over $500 million for our clients and we will fight for you. Call us today at 956-664-7255 for a free, no obligation initial consultation.


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We are very glad we called Carabin Shaw after our accident. We now recommend them to everyone. - Griselda S.
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In our opinion, no one is better, Carabin Shaw is the Law Firm you want on your side after an accident. - Amanda G.
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The attorneys and staff went out of their way to help us after our accident. Thank you Carabin Shaw. - Melinda F.
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We did our research after our accident and chose Carabin Shaw. They were great. Highly recommend. Joel Y.
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