The time frame for resolving an accident that involves a semi-truck may range from a few months to a couple of years. Knowing the different stages and factors that affect the timeline will help you understand what to expect so you can achieve the best possible result for your case.
Working with an Attorney Means Your Best Chance of Success
Working with a semi-truck accident attorney can help you focus on recovery while your lawyer works on your settlement case. Taking the stress out of your situation is the right attitude to take. By hiring a lawyer, you can place your priorities so you can achieve the best results.
Initial Investigation
The initial investigation after a truck crash usually takes months. During this time, your truck accident attorney works with investigators gather critical evidence, including the truck’s black box data, driver logs, maintenance records, and witness statements. This phase is key because it sets the foundation for liability and the strength of the case, which directly affects your settlement value.
Maximum Medical Improvement (MMI)
Medical treatment and recovery time are significant factors in settlement resolutions. It’s generally not advised to settle a case before reaching maximum medical improvement (MMI) when a person’s medical condition has stabilized. Reaching MMI can take months or even years, depending on the severity of the injuries. Settling before reaching this point may undervalue future medical needs or any complications that may arise.
Document Everything
Truck accident injuries often require extensive medical documentation. Gathering complete medical records, getting expert medical opinions, and calculating future medical needs takes time. Doctors also need time to observe recovery progress and make accurate predictions about the long-term implications of injuries, which affects the settlement value.
Insurance Company Investigation
Insurance companies conduct thorough investigations in truck accident cases. They may hire accident reconstruction experts, medical specialists, and other professionals to evaluate the claim. This can extend the timeline, especially in severe injuries or complex liability issues. Insurance companies review everything about the case before making significant settlement offers.
Discovery
The discovery phase influences timing. During this phase, both sides exchange information and evidence, which takes from about 6 months to a year. During this phase, both sides request documents, written questions (interrogatories), and depositions of witnesses, experts, and involved parties. Information collected during discovery often affects settlement negotiations and may expedite or delay a resolution.
Multiple Parties
Multiple parties involved complicate settlement negotiations. A truck accident might involve the truck driver, trucking company, maintenance contractors, cargo loaders, or equipment manufacturers. Each party has its own insurance and legal representation. Coordinating with multiple defendants and insurance companies naturally extends the timeline.
Severity of Injuries
The injuries and damages claimed may increase settlement timing. For example, cases with catastrophic injuries or wrongful death take longer to settle because of the amount of compensation involved. Insurance companies scrutinize these cases more vigorously and resist making large settlement offers without extensive documentation and proof.
Liability Disputes
Disputes over liability often increase the timeline. Additional investigation and expert testimony are needed to establish responsibility when a defendant disputes liability. Cases with clear liability settle faster than those where multiple parties share fault or liability, which is heavily debated.
Evidence Gathering
The quality and availability of evidence impact settlement timing. Cases with strong evidence, such as clear video footage or multiple reliable witnesses, settle faster than circumstantial evidence or complicated technical analysis. Time to analyze and present complex evidence extends the settlement process.
Timing of Negotiations
A legal team’s experience and approach affect settlement timing. Experienced truck accident attorneys know the value range of cases and can negotiate faster. However, some defense attorneys and insurance companies use delay tactics to pressure plaintiffs to accept lower settlement amounts.
Settlement negotiations proceed in stages. Initial offers are low. Therefore, it takes time to negotiate a fair settlement amount. Each round of talks requires evaluation, counteroffer preparation, and a reasonable response time. This back-and-forth process can take months or more to complete.
Number of Insurance Policies
Commercial vehicle cases involve multiple insurance policies and coverage layers. Primary insurance, excess coverage, and umbrella policies may apply in these instances. Negotiating with several insurance carriers and determining how different policies interact can add to the settlement process.
Jurisdiction
The jurisdiction where an attorney files a lawsuit can increase or decrease the timeline. Courts have different schedules and procedural requirements that affect how quickly cases move along. Some jurisdictions have mandatory settlement conferences or mediation requirements that can speed up or slow down the legal process.
How Long Does Settlement Take? Key Points and Influencing Factors
Basic Timeline
- Initial Investigation: An investigation may take a lawyer several months or even a year. This initial step and process involves collecting evidence such as black box data, driver logs, and witness statements. An attorney uses the information to strengthen your case and prove liability.
- Medical Treatment and Recovery: Don’t settle a claim before maximum medical improvement (MMI), which may last months or years, depending on the severity of the injuries.
- Medical Documentation: Collecting complete medical records, obtaining expert opinions, and projecting future medical needs takes time and affects the overall settlement value.
- Insurance Company Review: Insurance companies review claims, checking all factors. How long it takes depends on your injuries and the factors of the claim.
- Discovery Phase: During the discovery phase, both parties to a lawsuit exchange information and evidence. This stage significantly influences settlement negotiations.
Factors that Can Add to the Timeline
- Multiple Liable Parties: If various parties are involved, an attorney may need to work with multiple defendants and insurance companies, which adds to the timeline.
- Severity of Injuries and Damages: Cases with catastrophic injuries or wrongful death take longer to settle due to the amount of compensation involved.
- Disputes over Liability: Additional investigation and expert testimony may be needed when fault is disputed, extending the timeline.
- Quality of Evidence: Cases with strong evidence settle faster than circumstantial evidence or complicated technical analysis.
- Court Schedules and Procedures: While most cases settle, court backlogs and procedures can add time.
- Legal Teams’ Experience and Approach: Experienced attorneys negotiate faster, but some defense attorneys and insurance companies may stall.
- Settlement Negotiations: The back-and-forth process can take several months or more.
- Large Settlements: These settlements require additional approvals within insurance companies and, therefore, increase the settlement time.
- Victim’s Emotional Readiness: Some victims need time to process the emotional impact of their case before they are ready to settle a lawsuit or insurance negotiations. Post-traumatic stress disorder (PTSD) should be medically treated and addressed.
- Multiple Insurance Policies: If a lawyer has to manage various policies and coverage layers, it adds to the time frame.
Know these factors to manage your expectations and get the best results for your case. It’s essential to have an experienced attorney on your side who can manage the detailed legal process and fight for you every step of the way.
Talk to a Semi-Truck Accident Lawyer
Because each case is different, your settlement timeline can vary. Being patient and persistent will make your efforts worthwhile. Schedule a consultation with a East Texas injury lawyer today.