If you were injured or lost a loved one in a semi-truck accident, recovering from any injuries and contacting a personal injury lawyer should be at the top of your list of priorities. Making a personal injury claim against a semi-truck driver or the trucking company can prove to be complicated and difficult. But, if you were injured as a result of the accident, you should consider filing a personal injury claim despite the likely length and complexity of the resulting lawsuit.
You might wonder how long it takes to settle a semi-truck accident case. In general, there is no timetable. Below we outline some factors that a personal injury lawyer will consider when it comes to a semi-truck accident case, and which may affect how long it takes for your case to be settled.
Semi-truck accident injury cases often involve severe injuries, extensive property damage, and multiple parties.
Some personal injury cases are fairly straightforward, involving an injury victim and a single negligent individual. But some cases are much more complex. Trucking accidents typically involve factors which make them inherently complex. For one, a semi truck is not a normal passenger vehicle. The size of a semi truck and amount of damage and injury it can cause may require extensive investigation into the facts that led to the accident. There may be a company that owns the semi truck, one that owns that trailer, and one that was contracted to haul the materials. There are also insurance companies involved.
If you are injured as the result of the accident, after you get medical attention, you may want to contact a personal injury lawyer who can help you recover damages from the individual(s) and company or companies responsible for the accident and your injuries. A personal injury lawyer will begin reviewing the facts of your case and help you move forward with an injury claim.
Here are some factors that can prolong a trucking accident injury case.
Injury Severity: In general, accident settlements do not occur until an accident victim recovers from their injuries. At that point, an injury victim and their attorney will have a clearer picture of the economic and non-economic losses that the individual incurred. Of course, the more severe an injury, the longer it takes to heal. Some injuries require surgery and physical rehabilitation, which may push back the time it takes to reach a settlement or for the case to be heard in front of a judge or jury.
But no matter how severe the injury is, injury victims cannot wait to file a lawsuit. As of 2021, in California, the statute of limitations in personal injury cases is two years unless a government agency is involved. The case may require the testimony of experts attempting to estimate the severity of your injuries in the long-term, lost wages, future lost wages, pain and suffering, and potential long-term physical or mental injuries.
Injury Liability: The trucking company’s insurance carrier (or the driver’s insurance carrier, if they own the semi truck) will spend a lot of time investigating the accident. In general, insurance companies will do what they can to limit their policyholder’s liability and reduce the value of an accident claim against them. If the insurance company denies the claim, the claimant can pursue insurance compensation through a lawsuit. Such a case will most certainly increase the time it takes to settle an accident claim.
It may be difficult to establish fault when it comes to a trucking accident. The truck driver, trucking company, or even third party may be liable—or multiple parties may share liability. Determining how the accident happened and who is at fault is time consuming. Sometimes, it requires the assistance of experts and accident reconstruction specialists.
Expert Witness Availability: If your attorney does consult with people like life care planners, doctors, and accident reconstruction experts (among others), their statements and testimony could be crucial to your case. Personal and professional obligations can interfere with their availability, which can delay settlement negotiations. Additionally, the attorneys’ schedule may conflict and cause delay in taking a case to trial.
The defense may talk to their own experts, and similarly take statements and want testimony. All this back and forth is necessary to ensure a fair trial, but it may extend the time it takes to settle or take a case to trial.
If you sustain injuries as the result of a semi-truck accident, contact a personal injury lawyer. They can review the facts of your case and help you get the compensation that you deserve.
It is never easy to move past a trucking accident. If you sustained injuries because of a semi-truck accident, you probably want to recover damages from the individual or company liable for the crash—and you probably want to do so immediately.
Trucking accidents claims can be complex, requiring investigation into how the accident happened and who is at fault. You need an experienced personal injury attorney on your side. While you focus on recovery, a good personal injury lawyer will review your case and determine how best to pursue compensation.
If you were involved in a trucking accident, contact the personal injury lawyers at Penney & Associates. We have helped thousands of people just like you recover the compensation they deserve.