Maison Law answers questions and represents victims of big rig accidents in California. For clients with child support or other responsibilities, any money you make could be garnished. But you’re probably wondering if that includes a settlement. Our team can guide you through the legal process, taking all of your needs and responsibilities into account. Contact us today for a free consultation to learn more.
Will My Big Rig Accident Settlement Be Garnished?
Receiving a settlement after a big rig accident is crucial for your financial stability. With medical bills piling up, missed work, and all the activities you can’t do while recovering, it’s clear why going through the legal process after one of these accidents is so important.
But if you have child support payments, it brings other responsibilities into the situation. Typically, the state will only garnish your income if:
- You’re behind on payments
- There’s a court order
- You have an agreement with your ex-spouse
Outside of these circumstances, your big rig accident settlement is generally protected from garnishment because it’s not technically income. But remember, just because your settlement is generally safe from garnishment, the claims process is still important.
What’s the Claims Process After a Big Rig Accident?
There’s no question that you should file an injury claim after a big rig accident because you’re likely dealing with significant losses from your injuries and other negative parts of the accident itself. While every accident is different, you typically have two main ways to file a claim: through insurance or by suing the responsible party. Each option has its pros and cons, and the time it takes to resolve your claim can vary. Generally, though, here’s how both processes work:
- Insurance claim – Usually, you’ll begin by filing a claim with the insurance company of the driver at fault. They will look into your claim, gather evidence, talk to witnesses, and then make you a settlement offer. This process is generally faster, but the insurance company decides how much they’ll pay.
- Lawsuit – Filing a lawsuit may take longer and involve more work, but it could lead to a higher settlement. Our team will take care of everything for you, including all the paperwork, negotiations, and representing you in court if needed.
We aim to help you get the financial support you need for your losses, which can include:
- Medical bills
- Lost income
- Costs to repair or replace your vehicle
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Punitive damages in some cases
- Wrongful death costs if the accident results in a death
Remember, you only have two years from the date of the accident to file your claim under California’s statute of limitations. If you miss this deadline, you might lose your chance to even get a settlement. So, if you have child support payments or other responsibilities, it’s important to take the right steps to make sure you can protect your claim.
What Steps Do You Need to Take to Protect Your Settlement?
Once your claim is filed and you go through that process, you’re going to be offered a settlement at some point. Now, whether or not you get the most out of your claim is going to depend on several factors and actions you take–or don’t take. Here’s are a few ways you can protect your settlement:
- Keep good records – Write down everything related to your medical care, expenses, and any communication about your case. This will help support your claim.
- Don’t rush – Take your time before accepting the first settlement offer. Make sure you understand how your injuries and financial losses impact your situation before agreeing to anything.
- Stay off social media – Don’t post about your accident or recovery online. Insurance companies might check your posts and could use them against you.
- Follow your treatment plan – Stick to your healthcare provider’s treatment plan. This helps you recover and shows that you’re serious about your injuries.
- Track your expenses – Keep a list of all costs related to the accident, like medical bills and lost wages. This will help you when negotiating your settlement.
- Heal up – If you can, wait until you’re fully healed or at your best before finalizing your settlement. This way, you can include all costs.
- Review any releases carefully – Before signing any release forms, go over them with our legal team to make sure you’re not giving up any important rights.
Taking these steps can help secure your settlement and provide you with the support you need after an accident. In addition, it’s important to be open with our team about your situation. The more information we have, the better we can represent you.
Contact Maison Law For Legal Support After a California BIg Rig Accident
If you’ve been hurt in a big rig accident and are worried about how to get financial help and what to do next, our team at Maison Law is here for you.
Our experienced big rig accident lawyers in California will listen to your concerns, explain your legal options, and make sure your rights are protected. We want to help you get the financial support and care you need. Contact us today for a free consultation to get the process started.
