If you are filing a truck accident case in Chicago, enlist the help of a seasoned Chicago truck accident lawyer to assist with the nuances of your case and guide you through the correct steps involved in seeking compensation for any injuries and damages sustained.
Filing a Lawsuit
If a truck accident claim cannot resolve, then a lawsuit needs to be prepared and filed with the court. Choosing the correct court is very important; as oftentimes the truck involved in an accident is from out of state, which can trigger jurisdiction in federal court.
Truck accident cases have a much greater chance of filing in federal court. This happens simply because truck accidents more frequently involve parties from different states. When two parties from different states involved in an accident, diversity jurisdiction may arise. This allows the case to be filed in federal court.
The plaintiff’s lawyer has decide whether the case should be filed in state or federal court. The potential to go to federal court adds a layer of complexity to these cases that doesn’t normally arise.
Filing an Action
One of the most important things to do before filing an action: ensure that all of the proper defendants named. Defendants may include the driver, the owner of the truck, trailer, the leasing or brokerage company; or any other entities associated with the truck. Correctly identifying, naming, and serving all associated defendants is an important task of an experienced truck accident attorney.
Certain procedural rules will permit a party to voluntarily dismiss a Chicago truck accident case, however, that right is not without limitation, and at a certain point in time, in any case, neither party can voluntarily dismiss the case without compromising their rights, or prejudicing their rights to refile the accident in the future.
Parties can always negotiate a settlement of the case even after filing a claim. In fact, the vast majority of cases filed settle well before trial.
Truck Accident Claim in Court
Trucks frequently cross state lines on their regular routes and because of the potential for diversity jurisdiction; truck accident cases can occur in either state court, or where appropriate, federal district court.
If the defendants live in a different state, diversity jurisdiction could satisfy the requirements for federal court. If all involved parties hail from Illinois, one must file the case in the circuit court of the county where the accident occurred.
Role of an Attorney
The first thing that an attorney will do: contact all of the adverse parties involved in the case. The lawyer directs all communications to themselves and away from the client; so the client can be free to focus on their healthcare and getting their life back together.
The accident lawyer will assign a case manager to the client, and the case manager will assist the plaintiff with issues that come up regarding health insurance, medical providers, treatment costs, and any other issues associated with securing the healthcare that they need following the truck accident.
An attorney will also obtain pictures of the damaged vehicles, the surrounding area, and any other evidence needed to properly pursue the truck accident claim. They will put all of the adverse parties, including the trucking company, the driver, and everyone else involved, on notice that a claim and to preserve any and all information associated with the accident including log books, licenses, and maintenance records.