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Settling out of court after a truck accident

Rather than going through a prolonged trial in civil court, victims of truck accidents in Wyoming have the option of settling out of court. They may find that the other side is also willing to go this route. It not only saves time and money but also creates a confidential environment, where both sides can speak candidly rather than defensively about who is responsible and how much should be paid out. Neither side makes any admission of fault.

An out-of-court settlement can be achieved through what's called alternative dispute resolution. The most common ADR methods are negotiations, mediation and arbitration. The first two methods are nonbinding, which means victims could still pursue litigation at the same time. Arbitration can lead to a binding agreement that prevents victims from pursuing further legal claims concerning the accident or the injuries they sustained from it.

One drawback is that out-of-court settlements are always lower than the damages that could be achieved through a civil trial. It should also be pointed out that whether victims choose a lump sum or structured settlement, the amount will still be taxed. Victims must also forego their ability to publicly hold the other side liable for negligent or reckless actions.

Victims who are unsure how to proceed will want to speak with a lawyer who focuses on trucking accidents. With guidance from an attorney, they can learn more about each ADR method and see whether the potential settlement will be enough to cover vehicle repair costs, past and future medical expenses and pain and suffering. A lawyer could bring in investigators to show through physical evidence that police reports, eyewitness testimony and other proof that the trucker was responsible. He or she can then take on the role of negotiator or impartial third party.

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