You have executed the fundamentals vital for accident response. You, your counsel, and your expert have fully investigated the accident, documented the evidence, and interviewed the witnesses. You find that fault is doubtful, but the claimant has been severely injured. Thus, while you have a strong liability case, you face a significant damage claim that can potentially worsen.
Maximize the advantage of immediacy and preparation. File suit first for your property damage and/or cargo claim. Any billboard-advertising attorney considering taking the claimant’s case faces an uphill, time driven and costly fight. You are prepared for trucking litigation. You have filed suit, set the schedule, and dictated the pace.
In a profession where return-on-investment is a key consideration for the financially accomplished plaintiff’s attorneys, opposing counsel would have to invest considerable time and money in a difficult case. They may well decide to use those assets on another action that has a more positive outlook for a return-on-investment.