How Long Could My Truck Accident Case Take to Settle or Resolve?
Trying to deal with injuries, medical bills, and the overall stress of the accident can be overwhelming. The last thing you want is for your legal case to drag on indefinitely. Unfortunately, truck accident cases can take a while to settle or resolve, depending on a few key factors.
Remember, while a quick resolution would be nice, it is important not to rush the process. Settling too quickly might mean getting less compensation than you deserve. Here are the different stages of a truck accident case and things to consider when determining how much time it may take to settle.
Understanding the process
Before we talk about any timelines, it is first important to understand the different phases of a truck accident case. Typically, the process goes like this:
- Medical treatment and recovery. We want to know the full extent of your injuries before we determine the amount of compensation to which you’re entitled. This means you must complete your medical treatment or at least get a clear picture of your future medical needs.
- Investigation of the accident. We also launch a thorough investigation into your accident to determine who’s at fault and gather evidence to support your claim.
- Negotiations with the insurance company. Once we complete our investigation, we can start negotiating with the insurance company. Often, we can reach a settlement at this point, but if negotiations fail, your case may go to trial.
- Filing a lawsuit (if necessary). If we cannot reach a settlement, then our lawyers will file a lawsuit. This action brings the case into the court system, which can add time to the process.
- Trial (if needed): Although most cases settle, we are fully prepared to take your case to trial. Although this could take months or even years, we may suggest this path if we think it is the best option in your case.
While this is the general process, there are many factors that can influence the amount of time it takes to resolve a case.
The severity of your injuries
The severity of your injuries plays a significant role in how long it takes to resolve your truck accident case. Why? Because your attorney needs a full understanding of your injuries and how they will affect your life moving forward. We take into consideration not only your current medical bills but any and all future care you may require.
Let us say you suffer from a long-term injury like a traumatic brain injury or spinal cord injury. It could take months (or even longer) for your doctors to fully assess your condition. Only once your medical team has a clear understanding of your long-term prognosis can we accurately calculate the compensation you are entitled to. This is known as maximum medical improvement (MMI), and it is an important milestone in your case.
The complexity of the case
A truck accident is typically more complicated than a regular car accident. These complexities can add time to your case, and many factors can contribute to this, including:
Multiple liable parties. There are often multiple parties who could be held responsible for your truck accident – including the truck driver, the trucking company, the cargo loaders, or even the truck’s manufacturer. Determining the liable parties can take time, especially if each party is pointing a finger at the others.
The amount of evidence to review. Truck accidents can involve a lot more evidence than regular car accidents. We may examine electronic logs from the truck, black box data, GPS records, and driver logs. We need time to gather and analyze all this evidence.
Expert testimony. Sometimes, we use expert witnesses to prove who was at fault or to explain the extent of your injuries and losses. For example, we might bring in an accident reconstruction specialist to explain how the truck collision happened, or perhaps a medical expert may be needed to testify about your long-term medical care needs.
Although this takes time, the goal is to get these things right and make the best possible case.
Negotiations with the insurance company
It is important to remember that the insurance company wants to settle your case quickly and for as little money as possible. Accepting the first offer the company makes will likely result in recovering less compensation than you deserve. While a quick deal might look attractive, it might not even come close to covering your medical expenses, lost wages, and other damages – let alone your pain and suffering.
Your attorney can negotiate with the insurance company on your behalf in an effort to get a fair offer, but this can take some time. Insurance companies also use different tactics to try to wear you down or stall your case. They might deny responsibility or make lowball settlement offers. Our Nashville truck accident lawyers know how to handle these tactics – but you will need patience to get the best outcome.
In some cases, negotiations can take weeks or months. However, if both sides are open to compromise, we may be able to settle without filing a lawsuit. Settling out of court is typically faster and less expensive than going to trial. However, it is not always possible.
Filing a lawsuit and the discovery process
If negotiations fail and your attorney finds that the insurer is not willing to make a fair offer, our Nashville truck accident lawyers can file a lawsuit. There are several stages in a lawsuit. Early on, your attorney will focus on the discovery phase, where both sides exchange evidence and information. This can take several months. This phase might involve depositions, where witnesses are questioned under oath and requests for documents such as maintenance records, driver logs, and accident reports.
The court’s schedule can also affect how long your case takes. Courts are often backlogged, meaning your case could be delayed simply because the court does not have time to hear it right away.
Going to trial
Be prepared for an even longer timeline if your case goes to trial. A trial can take months to schedule. And once they begin, they can last for days or even weeks. There may be further delays after the trial concludes if either side files an appeal.
The good news is, however, that many truck accident cases settle before reaching the trial process. Because trials are expensive and risky, there is often a push to settle as the trial date approaches.
Why patience pays off
Waiting for a case to resolve can be frustrating – especially if you are dealing with things like medical bills, lost wages, and the stress of recovering from your injuries. Rushing to settle your case too quickly, however, can leave you with less compensation than you rightly deserve. The insurance company is banking on the fact that you want to resolve your case, and they might offer a quick settlement that does not cover all of your needs.
You can increase your chances of receiving the maximum compensation possible by being patient and allowing our lawyers to fully investigate the case, negotiate with the insurance companies, and – if necessary – take your case to trial.
How can a truck accident lawyer help?
At Rocky McElhaney Law Firm, our Nashville truck accident lawyers guide you through every step of this process. Having an experienced attorney on your side can help ensure that your case is handled as efficiently as possible and that you secure the compensation you deserve for your injuries and losses.
We know that truck accidents can be complicated, but you do not have to face this process alone. Let our lawyers take care of the legal work while you focus on recovering from your injuries.
If you have been injured in a truck accident, do not hesitate to reach out for legal help. The experienced truck accident lawyers at Rocky McElhaney Law Firm can explain your rights, guide you through the process, and fight for the compensation you need. Contact us today for a free consultation, and let us start building your case. We can stand by your side every step of the way. Fill out our contact form to schedule a free consultation in Nashville, East Nashville, Hendersonville, Clarksville, or Murfreesboro.