The moments after a truck accident are filled with confusion and stress. Questions about who is at fault, how you’ll cover medical bills, and what to do next can feel overwhelming. A commercial truck accident lawyer is the professional who provides clarity and creates a path forward. Their job is to take the legal burden completely off your shoulders so you can focus on healing. They manage every detail, from launching an immediate investigation and preserving critical evidence to handling all communications with insurance adjusters. They are your advocate, working to ensure you receive the compensation needed to rebuild your life.

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Key Takeaways

  • Focus on specialized experience: A truck accident isn’t a typical car crash; it involves unique federal laws and multiple liable parties, so you need an attorney who understands the trucking industry, not just general personal injury law.
  • Act quickly to preserve critical evidence: The most important proof in a truck accident case, like the truck’s black box data and driver logs, is controlled by the trucking company and can be destroyed. An experienced lawyer knows how to legally demand this information be saved immediately.
  • Don’t let cost be a barrier to getting help: Reputable truck accident lawyers work on a contingency fee basis, which means you pay no upfront costs and owe nothing unless they win your case. This allows you to stand up to powerful insurance companies without financial risk.

What Does a Commercial Truck Accident Lawyer Do?

When you’re recovering from a collision with a commercial truck, the last thing you want to do is figure out a complex legal system. A commercial truck accident lawyer steps in to manage the entire process for you, acting as your dedicated advocate from start to finish. Their role is to investigate the crash, prove who was at fault, and ensure you receive the compensation you deserve.

The Services They Provide

A commercial truck accident lawyer does much more than just file paperwork. Their first priority is to conduct a deep investigation into the crash. This is crucial because trucking companies and their insurers have teams that start working immediately to minimize their liability. Your attorney levels the playing field by preserving evidence, speaking with witnesses, and analyzing police reports to build a clear picture of what happened.

From there, they handle all the tough negotiations with the trucking company’s powerful legal and insurance teams. The goal is to build a strong personal injury claim that establishes negligence, whether it was due to driver error, poor vehicle maintenance, or company-wide safety failures. They fight for full compensation to cover your medical expenses, lost wages, and emotional distress.

The Types of Cases They Handle

These attorneys manage cases that are significantly more complex than a typical car accident because of the strict federal and state regulations involved. They have experience with collisions involving all types of commercial vehicles, from 18-wheelers and dump trucks to delivery vans and cement mixers. Their work covers specific and often devastating accident types, including jackknifes, rollovers, head-on collisions, and tire blowouts.

A critical part of their job is identifying every party that can be held responsible. In many truck accident cases, the driver isn’t the only one at fault. The trucking company can be held liable for its employee’s actions, negligent hiring, or failure to maintain its fleet. Sometimes, a manufacturer may even be responsible if a defective product like a faulty tire or brake system contributed to the crash.

Why You Need a Specialized Truck Accident Lawyer

After an accident with a large truck, you’re facing more than just a legal battle with another driver. You’re up against a commercial trucking company, its powerful insurance providers, and a complex web of federal and state regulations. This isn’t the time for a generalist. While any personal injury lawyer can handle a basic car accident claim, truck accidents are a different beast entirely. They involve unique types of evidence, multiple potentially liable parties, and laws that don’t apply to regular passenger vehicles.

A specialized truck accident lawyer brings a specific skill set to the table. They know the trucking industry inside and out, from the federal laws that dictate how long a driver can be on the road to the maintenance records that a trucking company is required to keep. They have the resources to conduct a thorough investigation, hire the right experts, and build a case designed to stand up to the aggressive tactics of corporate legal teams. Choosing an attorney with this focused experience can be the single most important decision you make for your case and your future. It directly impacts your ability to secure the full compensation you need to recover and move forward.

They Understand Complex Trucking Regulations

The trucking industry is governed by a dense set of rules from the Federal Motor Carrier Safety Administration (FMCSA) and state agencies. These regulations cover everything from driver hours-of-service and drug testing to vehicle maintenance and cargo securement. A truck accident lawyer has detailed knowledge of these specific laws. They know how to obtain and analyze driver logs, inspection reports, and fleet maintenance records to find evidence of non-compliance. A lawyer with expertise in trucking laws can identify violations that may have contributed to the accident, which can be a critical factor in proving negligence and strengthening your case. This specialized knowledge is something a general practice attorney simply won’t have.

They Identify All Responsible Parties

One of the most harmful misconceptions is that liability in a truck accident is limited to just the driver or their employer. In reality, multiple parties could be at fault. Was the truck improperly loaded by a separate cargo company? Did a faulty part from the manufacturer contribute to the crash? Was the truck maintained by a third-party service center that cut corners? A skilled truck accident lawyer knows to look beyond the obvious. They will investigate every link in the supply chain to identify all responsible parties, which could include the trucking company, the truck’s owner, the manufacturer, and maintenance providers. Holding every negligent party accountable is essential for securing fair compensation.

They Fight for Your Long-Term Recovery

The injuries from a truck accident are often severe and life-altering, requiring extensive medical treatment and long-term care. A specialized lawyer understands the full scope of damages you’re entitled to. They work with medical and financial experts to calculate not just your current bills, but your future medical needs, lost earning capacity, and the immense pain and suffering you’ve endured. Their goal is to secure a settlement or verdict that covers your lifelong needs. Finding an attorney who focuses on these complex personal injury cases can significantly impact the success of your claim and the level of compensation you achieve, ensuring your financial stability for the road ahead.

How Truck Accidents Differ from Car Accidents

It’s easy to think of a truck accident as just a bigger, more destructive car accident, but the reality is far more complex. From the laws that govern them to the insurance policies that cover them, commercial truck crashes are in a category of their own. Understanding these differences is the first step toward protecting your rights and securing the compensation you need to recover. These cases involve unique challenges that require a deep understanding of the trucking industry and its regulations.

The aftermath of a collision with a commercial truck often involves more severe injuries, higher medical bills, and a greater financial impact on your life. The legal process is also more complicated. Unlike a typical car accident that involves two individuals and their insurance companies, a truck accident case can involve multiple parties, including the driver, the trucking company, the cargo loader, and even the truck manufacturer. Each may have their own insurance and legal team, creating a complex web of liability that requires an experienced attorney to untangle. At Counsel Hound, we connect you with lawyers who are prepared to handle these complexities and fight for your best interests.

Federal and State Trucking Laws

Unlike the driver of a passenger car, a commercial truck driver is a professional operating a massive piece of machinery as part of a business. Because of this, the trucking industry is governed by a dense set of rules from both the federal government and individual states. These regulations cover everything from how many hours a driver can be on the road without a break to specific maintenance schedules for the vehicle and how cargo must be secured. Truck accidents are more complicated than standard car accidents because they involve these different state and federal regulations. An attorney who specializes in these cases knows exactly what rules apply and how to investigate whether a violation contributed to your personal injury.

Commercial Insurance Policies

When you’re in an accident with another car, you’re typically dealing with a standard auto insurance policy. In a truck accident, you’re up against a commercial insurance policy, which can be worth millions of dollars. Trucking companies and their insurers have powerful legal teams dedicated to protecting their bottom line. Their goal is often to settle quickly and for the lowest amount possible. Truck accidents often involve large insurance companies and corporate legal teams that try to offer victims less money than they deserve. You need an advocate on your side who isn’t intimidated by these tactics and who knows how to accurately calculate the full value of your claim, including future medical care and lost income.

Critical Evidence and Investigation

The evidence needed to prove fault in a truck accident case goes far beyond photos of the scene. Commercial trucks are equipped with electronic data recorders, often called “black boxes,” that capture critical information about the truck’s speed, braking, and other operational details at the time of the crash. Other vital evidence includes the driver’s logs, vehicle maintenance records, and the trucking company’s hiring practices. This evidence is owned by the trucking company and can be lost or destroyed if not preserved quickly. A skilled lawyer knows how to immediately send a spoliation letter to ensure this crucial information is saved, forming the foundation of a strong case and helping you get the fair compensation you deserve.

How to Choose the Right Truck Accident Lawyer

Finding the right legal representation after a truck accident can feel overwhelming, but it’s one of the most important decisions you’ll make for your recovery. You’re not just hiring a lawyer; you’re choosing a partner who will stand up for you when it matters most. The right attorney can truly make a significant difference in the outcome of your case. When you’re dealing with serious injuries and the stress of a claim, you need an advocate who understands the complexities of trucking litigation inside and out. Think about your search in terms of a few key qualities: specialized experience, a proven track record, a transparent fee structure, and the resources to take on powerful opponents. These aren’t just items on a checklist; they are the foundational elements of a strong legal team. By focusing on these areas, you can find a firm that is equipped to handle the unique challenges of a commercial trucking claim and is genuinely committed to your well-being. Taking the time to vet your options ensures you have a dedicated advocate in your corner, ready to fight for the compensation you need to move forward.

Look for Specialized Experience

Not all personal injury lawyers are equipped to handle commercial truck accident cases. These claims involve a complex web of federal and state trucking regulations that don’t apply to standard car accidents. You need someone who lives and breathes this specific area of law. A lawyer with deep expertise in trucking laws can spot violations that others might miss, such as issues with driver logs, vehicle maintenance, or cargo loading. This specialized knowledge is critical for building a strong case and proving liability. When you first speak with a potential attorney, ask them directly about their experience with cases like yours. Their familiarity with the industry will be one of your greatest assets.

Review Their Track Record

Experience is one thing, but a history of success is another. Before you commit, take a close look at a lawyer’s track record. Do they have a history of securing substantial settlements and verdicts for truck accident victims? Many firms, including ours, share case results or client testimonials on their websites. These stories can give you a sense of how they operate and the outcomes they achieve. Don’t be afraid to ask about their past cases. A confident and successful attorney will be prepared to discuss their history of fighting for clients who have suffered a personal injury and winning the compensation they deserved.

Understand Their Fee Structure

The fear of legal fees should never prevent you from seeking justice. Fortunately, most reputable truck accident lawyers work on a contingency fee basis. This means you don’t pay any attorney’s fees unless and until they win your case. The lawyer’s payment is a percentage of the final settlement or verdict. This arrangement aligns your interests with your lawyer’s—they are motivated to secure the best possible outcome for you. At Counsel Hound, we operate on a “no fees until we win” promise. Be sure to get a clear explanation of the fee structure in writing so there are no surprises down the road. A transparent fee agreement is a sign of a trustworthy firm.

Ask About Their Resources and Expert Network

A successful truck accident claim often requires more than just legal skill; it requires significant resources. These cases can be expensive to pursue, often demanding in-depth investigations, accident reconstruction specialists, medical experts, and economic analysts to prove the full extent of your damages. Ask any potential law firm about the resources they have at their disposal. Do they have an established network of experts they can call upon? A well-resourced firm has the financial stability to go head-to-head with large trucking companies and their insurance carriers, ensuring your case gets the attention and support it needs to succeed. You can contact us to learn more about our approach.

What Compensation Can You Recover?

After a commercial truck accident, the focus is rightly on your physical recovery. But the financial and emotional fallout can be just as overwhelming. The legal term for the money you can receive to cover these losses is “compensation” or “damages.” The goal is to help you get back to the position you were in before the accident, as much as possible.

Compensation is typically broken down into two main categories. The first is economic damages, which cover tangible financial losses with clear dollar amounts, like medical bills and lost paychecks. The second is non-economic damages, which are for intangible losses like pain, emotional distress, and a reduced quality of life. Calculating the full extent of your damages is a complex process, especially when you need to account for future needs. An experienced personal injury lawyer can help ensure nothing is overlooked. In some cases where the at-fault party was extremely reckless—for example, driving under the influence—you may also be able to pursue punitive damages. These are intended not just to compensate you, but to punish the wrongdoer and discourage similar behavior in the future.

Medical Expenses and Future Care

Medical bills are often the most immediate and stressful financial burden after a truck accident. Compensation for medical expenses covers everything from the initial ambulance ride and emergency room visit to ongoing treatments. This includes hospital stays, surgeries, prescription medications, physical therapy, and any necessary medical equipment. Because injuries from truck accidents can be severe, like brain or spinal cord damage, the need for care can last a lifetime. That’s why it’s critical to account for future medical costs. A skilled attorney will work with medical experts to project the expenses for your long-term care, ensuring your settlement covers the treatment you’ll need years from now.

Lost Wages and Earning Capacity

Missing work while you recover means losing income when you need it most. You can recover these lost wages as part of your claim. But what if your injuries prevent you from returning to your old job, or from working at all? This is where “loss of earning capacity” comes in. This type of compensation addresses the impact the accident has on your ability to earn a living in the future. For example, if you can no longer perform the physical duties of your previous career, you can be compensated for the difference in income over your lifetime. Proving this often requires detailed analysis from financial experts, which is a resource our team at Counsel Hound can provide.

Pain and Suffering

Not all injuries are visible or easy to quantify with a receipt. “Pain and suffering” is a legal term for the physical discomfort and emotional distress you experience because of the accident. This includes chronic pain, anxiety, depression, loss of enjoyment of life, and the general hardship you and your family endure. While no amount of money can erase this suffering, compensation helps acknowledge its impact on your life. A compassionate lawyer will listen to your story to understand the full extent of your non-economic damages and fight to have them recognized. If you’re ready to discuss your case, you can contact us for a free, no-obligation consultation.

The Evidence Needed to Build a Strong Case

After a serious truck accident, building a strong case feels like putting together a complex puzzle. Unlike a typical car crash, the pieces of evidence are often highly technical and controlled by the trucking company. Securing and interpreting this information quickly is critical, as it can be lost or destroyed. A successful personal injury claim depends on gathering the right evidence to paint a clear picture of what happened and who is responsible.

An experienced legal team knows exactly what to look for and how to legally compel trucking companies to hand it over. This isn’t just about collecting a police report; it’s about digging into the company’s operations, the driver’s history, and the truck’s mechanical data. Key evidence in these cases typically falls into three main categories: company and driver records, electronic data from the truck itself, and on-the-scene accounts. Each piece provides a unique view of the events leading up to the collision, and together, they form the foundation of your case for fair compensation.

Driver Logs and Maintenance Records

Commercial truck drivers are required by federal law to keep detailed logs of their driving hours to prevent fatigue-related accidents. These driver logs can reveal if a driver was pushing past legal limits, creating a dangerous situation on the road. Similarly, trucking companies must maintain extensive records of all vehicle inspections, repairs, and routine maintenance. These documents can show a pattern of neglect, such as failing to fix known brake problems or using worn-out tires. Your attorney can subpoena these records to determine if negligence on the part of the driver or the company contributed to the accident.

Black Box Data and Accident Reconstruction

Most modern commercial trucks are equipped with an Electronic Control Module (ECM), often called a “black box.” This device records critical data about the truck’s operation in the moments before, during, and after a crash. It captures information like vehicle speed, brake application, steering inputs, and engine RPMs. This data is invaluable. When analyzed by an accident reconstruction expert, it can be used to create a scientific, unbiased simulation of the collision. This helps prove exactly how the accident unfolded and counter any incorrect claims made by the trucking company or their insurer.

Witness Statements and Police Reports

The official police report is one of the first pieces of evidence collected. It provides a summary of the scene, identifies the parties involved, and often includes the officer’s initial assessment of fault. While important, it’s just a starting point. Eyewitness statements are also crucial, as they offer firsthand perspectives of the accident from different vantage points. A skilled legal team will work to identify and interview witnesses as soon as possible to preserve their memories. These personal accounts can fill in critical details that data and official reports might miss, adding a powerful human element to your case.

Common Myths About Hiring a Truck Accident Lawyer

After a truck accident, misinformation can add to an already stressful situation. Many people hesitate to seek legal help because of common myths they’ve heard. Understanding the truth is the first step toward protecting your rights and getting the support you need. Let’s clear up a few misconceptions that might be holding you back from making the right decision for your recovery.

Myth: “I can’t afford a lawyer.”

This is one of the biggest and most damaging myths out there. The thought of legal bills can be intimidating, especially when you’re already facing medical expenses and lost income. However, most reputable personal injury law firms, including those in the Counsel Hound network, operate on a contingency fee basis. This means you don’t pay any upfront costs. An attorney’s fee is a percentage of the settlement or award they win for you. If you don’t win your case, you don’t owe them a fee. This structure ensures that everyone has access to quality legal representation, regardless of their financial situation. Our “no fees until we win” promise means you can get expert help without the financial risk.

Myth: “Any personal injury lawyer will do.”

While it’s true that any personal injury lawyer can take on a truck accident case, it doesn’t mean they should. Truck accident claims are far more complex than a typical car accident case. They involve a web of federal and state trucking regulations, multiple potentially liable parties (like the driver, the trucking company, and the manufacturer), and specific types of evidence, like driver logs and black box data. You need an attorney with specific experience in this area. Choosing a lawyer who doesn’t understand these nuances is like asking a family doctor to perform heart surgery—they might know the basics, but you need a specialist for the best outcome.

Myth: “I can handle the insurance company on my own.”

It’s tempting to think you can negotiate directly with the trucking company’s insurer to get a quick settlement. But these insurance companies are not on your side. Their goal is to protect their bottom line by paying out as little as possible. They have teams of adjusters and lawyers trained to minimize claims. Without an experienced attorney, you could easily accept an offer that doesn’t cover your long-term medical care or future lost wages. A lawyer acts as your advocate, handling all communications and negotiations to ensure you aren’t taken advantage of. They level the playing field and fight for the full and fair compensation you deserve. You can start the process with a free consultation to understand your options.

What to Expect from the Legal Process

Thinking about legal action can feel overwhelming, but a good lawyer will guide you through every stage. The process is designed to build a strong case on your behalf, giving you the space to focus on your recovery. While every case is unique, the journey generally follows three main steps, starting with a simple conversation about what happened.

Step 1: Your Initial Consultation and Case Review

Your first step is to have an initial consultation with an attorney. This is a chance for you to share the details of your accident and for the lawyer to assess your case. Don’t worry about upfront costs; most truck accident lawyers work on a contingency fee basis, which means they only get paid if you win. This arrangement allows you to pursue justice without financial strain. During this meeting, the legal team will listen to your story, review any documents you have, and give you a clear understanding of your options. The goal is to provide you with the information you need to make a confident decision about how to move forward.

Step 2: Investigating and Building Your Case

Once you decide to proceed, your attorney gets to work on a thorough investigation. This is a critical phase where they gather all the evidence needed to build a solid foundation for your claim. A lawyer with expertise in trucking laws can identify specific violations that may have contributed to the accident, which significantly strengthens your case. This involves collecting police reports, interviewing witnesses, obtaining driver logs and maintenance records, and analyzing “black box” data from the truck. Your legal team handles all of this, piecing together the facts to prove what happened and who is responsible for your injuries.

Step 3: Negotiating a Settlement or Going to Trial

With a strong case built, your attorney will enter into negotiations with the trucking company’s insurance provider to reach a fair settlement. The goal is to secure compensation that covers your medical bills, lost income, and pain and suffering without a lengthy court battle. However, insurance companies often try to pay as little as possible. If they refuse to offer a fair amount, your lawyer must be prepared to take your case to trial. Having an attorney who is a skilled negotiator and a formidable trial lawyer can greatly impact the success of your personal injury case and the compensation you ultimately receive.

Preparing for Your First Consultation

Your first meeting with a potential lawyer is a crucial step. It’s a two-way interview where you can share your story and also decide if the attorney is the right advocate for you. Feeling prepared can make the process much less intimidating and far more productive. The goal is to walk out with a clear understanding of your options and a sense of confidence in the path forward. Think of this consultation as the foundation for your case—the stronger you build it, the better the outcome can be.

What to Bring and What to Ask

To make the most of your consultation, gather any documents related to the accident. This includes the police report, photos or videos of the scene and your injuries, contact information for witnesses, and any medical records or bills you’ve collected so far. Don’t worry if you don’t have everything; just bring what you can. It’s also helpful to write down a list of questions. You might ask about their experience with similar truck accident cases, who will be your primary point of contact, and how they plan to approach your personal injury claim. This preparation helps an attorney better understand your case from the start.

Understanding Contingency Fees

One of the biggest worries after an accident is how to afford legal help. The good news is that most truck accident lawyers work on a contingency fee basis. This means they only get paid if you win your case, with their fee being a percentage of the final settlement or award. This structure removes the financial risk for you and ensures your lawyer is motivated to secure the best possible result. At Counsel Hound, we operate on a “no fees until we win” promise, and your initial consultation is always free. Be sure to ask for a clear explanation of the fee percentage and any other potential costs during your meeting.

Outlining a Timeline and Next Steps

A skilled truck accident lawyer has a deep understanding of the laws and procedures specific to the trucking industry. During your consultation, they should be able to provide a general outline of what to expect. This includes the initial investigation, the process of gathering evidence like driver logs and black box data, negotiating with insurance companies, and the potential for a lawsuit if a fair settlement isn’t offered. While every case is unique and timelines can vary, a good attorney will give you a realistic overview of the legal process, ensuring you feel informed and prepared for the journey ahead.

Common Challenges in Truck Accident Claims

After a commercial truck accident, the path to getting fair compensation can feel like an uphill battle. These cases are far more complex than a typical car accident claim, and several challenges can stand in your way. Trucking companies and their large insurance providers have teams of people ready to protect their interests. Understanding the hurdles you might face is the first step in preparing to overcome them. From dealing with aggressive insurers to untangling who is actually responsible, having a clear picture of the road ahead is crucial.

Insurance Company Tactics

Trucking companies are backed by commercial insurance policies with high coverage limits, and their insurers are experts at minimizing payouts. Immediately after an accident, their adjusters and investigators get to work building a case to reduce their financial liability. They might contact you directly, seem sympathetic, and offer a quick settlement. This initial offer is almost always far less than what you need to cover your long-term medical care, lost income, and recovery. Because truck accidents often result in more severe injuries and higher costs, accepting a lowball offer can be a devastating financial mistake. An experienced lawyer will handle all communications with the insurer, protecting you from these tactics and fighting for the full personal injury compensation you deserve.

Determining Who Is at Fault

One of the biggest misconceptions is that the truck driver is the only one who can be held responsible. In reality, liability in a commercial truck accident case can be spread across multiple parties. Was the driver fatigued due to pressure from the trucking company to violate hours-of-service rules? Did a maintenance crew fail to properly service the truck’s brakes? Was the cargo loaded improperly by a third-party company, causing the truck to lose balance? Or did a defective product, like a faulty tire, contribute to the crash? A thorough investigation is required to identify every party that played a role in the accident, ensuring that all sources of compensation are pursued.

The Race to Preserve Evidence

Crucial evidence in a truck accident case can disappear quickly. The truck’s electronic logging device (ELD) or “black box” contains vital data about the truck’s speed, braking, and hours of operation, but this data can be overwritten. Similarly, driver logs, inspection reports, and maintenance records are all held by the trucking company. An experienced attorney will immediately send a spoliation letter, which is a formal demand that the trucking company and other parties preserve all relevant evidence. This is a critical step that must be taken as soon as possible. Acting quickly to secure this information is essential for building a strong case and ensuring you receive fair compensation for all your damages. If you’ve been in an accident, don’t wait to contact us.

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Frequently Asked Questions

How soon should I contact a lawyer after a truck accident? You should speak with an attorney as soon as you are able. The moments and days following a crash are critical because important evidence, like the truck’s black box data and the driver’s service logs, can be lost or legally destroyed by the trucking company if not preserved quickly. Contacting a lawyer promptly allows them to send a formal demand to protect this information, which is often the foundation of a strong case.

What if I think I might be partially at fault for the accident? You should still consult with an attorney. Many states have laws that allow you to recover compensation even if you were partially responsible for the accident. An experienced lawyer can investigate the crash to determine the precise degree of fault for every party involved. Don’t assume you don’t have a case, as the complexities of trucking regulations often reveal that the trucking company or driver holds a much larger share of the blame than is initially apparent.

How much will it cost me to hire a lawyer for my truck accident case? Most truck accident attorneys work on a contingency fee basis, which means there are no upfront costs or hourly bills for you to worry about. The lawyer’s fee is a set percentage of the final settlement or court award they secure on your behalf. If they don’t win your case, you don’t owe them a fee. This arrangement ensures you can access expert legal help without any financial risk.

Why can’t I just negotiate with the trucking company’s insurance on my own? Commercial insurance companies have teams of adjusters and lawyers whose job is to protect the company’s finances by paying out as little as possible. They are skilled negotiators who may try to get you to accept a quick, low offer before you understand the full extent of your injuries and future needs. An experienced truck accident lawyer levels the playing field, handles all communications, and fights for the full compensation you truly deserve.

How long does a truck accident claim usually take to resolve? The timeline for a truck accident case can vary widely depending on its complexity. A straightforward case might settle in several months, while a more complicated one that involves serious injuries or multiple at-fault parties could take a year or more, especially if it goes to trial. A good attorney will give you a realistic overview of the process and keep you informed at every stage, focusing on securing the best possible outcome rather than the fastest one.