Charleston Truck Accident Settlement Process

If you are looking to settle your civil action against a negligent truck driver and their company, there are steps you could take to aid the Charleston truck accident settlement process. The first among these steps includes retaining the services of an experienced attorney. Legal counsel in these matters could prove useful when it comes time to evaluate how much compensation is fair.

The Settlement Process at a Glance

In a tractor-trailer case in Charleston and throughout South Carolina, the settlement process in most cases involving tractor-trailers after discovery has occurred involves taking depositions to learn factually from a liability perspective what has happened. The process also quantifies the damages with medical experts, vocational experts, economic experts, future life care planner, and others who may need to be involved. Once all of that has been determined, a case typically goes to mediation. Mediation is not trial. It is a place where parties go to reach an amicable agreement about the value of the victim’s case. If both parties hire a neutral mediator, they split his fee. That mediator acts as a go-between amongst the injured party, the at-fault defendant tractor-trailer driver, and their company to try to work out a deal that both parties could live with.

If the case settles at that point, typically there is some memorandum to memorialize the material terms of the settlement at that mediation table that all parties sign off on. Then, the insurance company would send over a more formal settlement document that evidences a full and final release of all claims.

Typically, in cases that lawyers file or bring, they are going to have already filed a lawsuit. In exchange for the monies they are being paid to settle, they agree to a dismissal of the case. It is only in return for the large cash settlement that the insurance company is going to pay to their client.

What Happens After a Settlement in Charleston?

Once a case is settled at that mediation table, it typically takes another couple of weeks or longer for that paperwork to be drafted, sent over, and signed by all parties. Once it is signed and approved, the settlement proceeds are then distributed to the client.

The settlement process in Charleston in a tractor-trailer case is smooth. If the parties could reach an agreement and the at-fault party is willing to pay the proper amount of money to reimburse, they may call the injured party or parties in the case. The insurance industry company’s lawyer would draft the settlement agreement for a full and final release and a covenant not to execute against their insured or sometimes an outright dismissal of the case in exchange for the cash proceeds.

Once that paperwork is signed, those proceeds are put into a neutral trust account at the lawyer’s office. Once that is approved, the settlement proceeds could be disbursed to the injured parties to give them the ability to live a better life and make sure their medical bills are taken care of and their lost wages are accommodated for.

Talk to a Lawyer about the Charleston Truck Accident Settlement Process

The process for Charleston truck accident settlements, while straightforward, could be aided with the help of a compassionate lawyer. As with most truck accidents, victims like yourself or your loved one are often dealt an unfair hand. To make matters right, choose to work with an attorney who could obtain a fair amount for your settlement. Call today.


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