What might I encounter when filing a wrongful death claim?

On Behalf of | Nov 23, 2020 | Firm News

To seek relief for the unexpected loss of a loved one and move forward from a tragic vehicle accident generally requires a legal action. A Georgia court may award you compensation to overcome unexpected medical expenses, loss of income and you or your loved one’s pain and suffering. 

The process typically begins when you file a complaint. A motorist’s insurance carrier, however, may challenge your claim. As noted by Land Line Magazine, to avoid providing you with a large sum payout, an insurance company may attempt to defend itself against liability, 

How may a trucking company’s insurance carrier challenge a claim?

If an accident involved a commercial trucking company, its insurance carrier’s legal team may aggressively claim that the truck driver did not act negligently. It may assert that the victim caused the collision or that an act of nature resulted in a driver’s unavoidable loss of control. 

Under state and federal transportation laws, however, an operator of a commercial vehicle owes a duty of care to control his or her truck at all times. A negligent action, such as speeding or otherwise driving carelessly during inclement weather, may result in a breach of duty to control the vehicle. 

How do I hold a driver or the insurance company liable?

When a motorist’s negligence in controlling a vehicle causes bodily injury or death, he or she may have liability for damages. A commercial truck driver, however, may hold an insurance policy that covers funds for an accident victim’s compensation. 

As explained by Forbes magazine, insurance adjusters typically undergo training to persuade you to settle a claim for a significantly lesser amount than you deserve. If problems exist in receiving full compensation, however, a legal action may help you gain both closure and a just award.