How long a truck accident case takes to settle depends on the particular situation. You may be able to settle your claim in a matter of months. On the other hand, it could take years.
Ultimately, there is no universal time on settling a truck accident claim – which actually can be a good thing. You should take as long as you need to settle your claim. You do not want to accept an unfair amount of money and pay for your accident-related losses out of pocket.
You can have our team manage your personal injury case for you. We can handle all of the obligations that go into filing a successful claim or lawsuit.
Factors That Could Affect how Long it Takes to Settle Your Case
There are many factors that could affect the progression of your case. Some of those factors include:
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The Severity of Your Injuries
If your injuries require ongoing care, it can be difficult to determine what it means to reach maximum medical improvement. You do not want to accept a settlement until you know the cost of your past, present, and future medical bills.
Your case could take longer to settle as you come to terms with the financial implications of your ongoing medical condition.
The Insurer’s Willingness to Settle
Sometimes, after filing your claim, the insurer will give you the money you need. Other times, you may need to negotiate a settlement.
This can impact the time it takes to settle your claim. Days, weeks, and even months can go by as you go back and forth with the insurer.
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Who Caused the Accident
Texas practices something known as “proportionate liability.” According to Texas Civil Practice and Remedies Code § 33.001, if you are over 50% at fault for your accident, you could be barred from recovering any form of compensation for your injuries.
If the other party claims that you caused the accident, this can delay the financial recovery process. In this case, you would need to use evidence to prove that you did not cause the collision. Evidence to prove fault in your case could include:
- The police report
- Eyewitness testimony
- Statements from field experts
- Traffic camera recordings
- Photos of the accident scene
Determining fault for your accident is important because it can affect how much money you get. Here is an example of how proportionate liability works:
- If your damages cost $10,000, and the court determines that you were 25% at fault, your final settlement becomes $7,500.
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Whether Your Case Goes to Court
Filing a lawsuit and going to court takes time. Between taking depositions, cross-examining witnesses, and exchanging information, litigating your case could take months.
Not only is litigation time-consuming, but you have a limited time to file your lawsuit. According to Texas Civil Practice and Remedies Code § 16.003, you are required to file your case within two years of your accident.
The Cost of Your Damages
The value of your damages could also affect how long it takes your truck accident claim to settle. You might experience some pushback from the insurance company if you’ve incurred thousands of dollars in damages. This is because insurance companies do not want to spend a lot of money on settling cases.
Some recoverable damages in your case may include:
- Medical bills
- Lost wages
- Property damage costs
- Loss of future earning capacity
- Mental suffering
- Loss of enjoyment of life
- Loss of consortium
You do not have to accept the first settlement that the insurer offers you. You can negotiate for a settlement that pays for your losses. However, negotiating can take time. This is where hiring a lawyer from our firm could help you.
Liability for Your Accident
Our years of experience have taught us one thing: truck accident cases can get complicated. This is because more than one party could share liability for your losses.
If liability in your case is unclear, we will need to investigate. Understandably, this could take some time. However, once we determine who holds financial responsibility for your accident, we can create a plan of action.
Our Texas Truck Accident Lawyers Can Fight for Your Rights
The way we see it, filing a truck accident claim does not need to put unnecessary stress on you and your loved ones. Our attorneys at Loncar Lyon Jenkins can be there to assist you throughout the entire process. Our law firm is proud to offer legal services all over the state of Texas, from Dallas to Wichita Falls to El Paso and beyond.
We understand the urgency you may be feeling at a time like this. Truthfully, we cannot tell how long your truck accident claim will take to settle without reviewing your situation first. However, you can rest assured that our team will do everything possible to obtain the money you need.
To learn more about filing a truck accident claim with Loncar Lyon Jenkins, contact a representative today at (877) 239-4878. You can begin a free, no-obligation consultation today.