How long it takes for a truck accident claim to settle depends on several factors. Each truck accident claim will be different from the next, which means each claim will settle on a unique timeline.
Factors that may affect the length of time it takes to reach a truck accident settlement can include everything from the statute of limitations to the nature of your injuries and other damages.
Truck Accident Personal Injury Claims Take Time
After a truck accident, victims are often left facing medical expenses, time away from work, and other unfavorable outcomes.
Getting compensation from a truck accident claim can take time, and this is not a process you want to rush. Settling early could mean accepting a low settlement offer that is less than you deserve.
Giving your claim the time it requires may help you reach a favorable settlement that accurately reflects the value of the damages from your truck accident.
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Factors that May Affect the Time it Takes to Reach a Settlement for Your Truck Accident Claim
Factors that may affect the time it takes to settle your truck accident claim include how the truck accident happened, your involvement, the truck driver’s negligence, how the accident has affected your life, and more.
Other factors that may affect the settlement timeframe include:
The Evidence-Gathering Process
A successful truck accident claim requires evidence. Evidence can come in many forms, such as photographs, police reports, and eyewitness statements.
The process of collecting evidence can take time. As a truck accident lawyer from our firm begins to build your claim, they may find they need additional forms of evidence, which can delay this step even longer.
Determining Liability
One of the most important components of truck accident claims is determining liability or who is financially responsible for the accident. Showing that someone else is liable for the accident is crucial to helping you receive compensation. However, demonstrating liability may take some time.
While you may believe the truck driver is obviously liable for your injuries, several other parties may share liability in your case, such as:
- The trucking company
- Employees who loaded the cargo in the truck
- The truck manufacturer
- A truck mechanic or inspector
- A government agency or contractor
- Another party
Demonstrating Negligence
Equally as important as proving liability in a truck accident claim is demonstrating negligence. We must show that the liable party was negligent at the time of the accident, and this negligence resulted in your injuries.
To prove negligence, we will need to establish:
- Duty of care. This means the truck driver or other liable party owed you the responsibility to act in a way that would keep you free from harm, accident, or injury.
- Breach of duty of care. This means the liable party violated their duty of care. Some examples of this would be a driver texting, driving under the influence of drugs or alcohol, or failing to observe traffic laws.
- Causation. By breaching their duty of care, the liable party may have caused the accident in which you were injured or experienced property damage.
- Damages. These are the losses you experienced because of your truck accident. These losses may include damage to property, medical bills, lost income, rehabilitation or therapy needs, and reduced earning capacity.
The presence of negligence means that the liable party should be responsible for covering your damages. Because negligence is so important to securing compensation, proving it may take time.
Insurance Investigation
The insurance company representing the truck driver or trucking company will take the necessary time for inquiries, inspections, and negotiations. This can be a lengthy process.
Trucking companies may purchase separate insurance policies for their drivers, rigs, and trailer or hauling equipment (if applicable). If multiple insurance policies are involved in the process, it could further lengthen the time it takes to complete your case.
Statute of Limitations
Every state has a statute of limitations or a time limit for filing a lawsuit. For truck accident cases in Louisiana, the statute of limitations for filing a personal injury lawsuit is generally one year, according to Louisiana Civil Code § 3492. If you lost a loved one in a truck accident, you also generally have just one year to file a wrongful death lawsuit, per Louisiana Civil Code §2315.2.
The statute of limitations may begin on the day of the truck accident, the date you discover your injuries or the date of your loved one’s death. If you are unsure what the deadline is in your case, you can discuss this subject with our team.
Submitting Your Case
If you decide to file a lawsuit, we may need to file your truck accident case in writing to the courts, along with all necessary documentation.
If your claim does not have all the required elements when you file, the court may deny or delay it. Such denials or delays could extend the time that it takes for your claim to settle.
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Other Factors That May Affect Truck Accident Claims
Some other factors may not directly affect the time it takes to settle your claim but can affect your claim in general. Such factors include:
The Severity of Your Injuries
Accidents involving large commercial trucks often result in significant vehicle damage and serious injuries because of the larger size and weight of trucks.
You do not have to have serious injuries to seek compensation in a truck accident claim. However, more serious injuries may require extensive damage since these injuries can require long-term care or recovery time.
When it is time to file your claim, we will seek compensation for any medical expenses you incurred from the accident and any projected medical bills you may have from the accident.
Types of Damages
Damages are the losses you experience because of your truck accident. You could receive compensation for these losses, which may include:
- Past and future medical bills
- Past and future lost wages
- Property damage
- Pain and suffering
- Reduced quality of life
- Disability or disfigurement
- Emotional distress
If you lost a loved one in the accident, you may be able to recover additional damages, such as:
- Funeral and burial costs
- Loss of household income
- Loss of companionship
- Loss of consortium
- Loss of inheritance
Comparative Negligence
Louisiana operates on a policy of comparative negligence. According to Louisiana Civil Code § 2323, this means any damages you receive may be reduced if you had any fault in the accident.
One example includes: You were not wearing your seatbelt at the time a distracted truck driver struck you. If you had been wearing your seatbelt, your injuries may have been less severe. So, in this hypothetical case, the insurance company or a jury decides you are 30 percent at fault for your injuries.
If you win your case and receive $100,000 in damages, this reward would be reduced by 30 percent, leaving you with $70,000. Sharing fault in your accident can have a significant impact on the amount of compensation you can recover, so you may want to seek help from a lawyer to ensure a fair evaluation of your portion of fault.
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Should I Hire a Lawyer for a Truck Accident Case?
The good news is you don’t have to handle your case alone. You have the right to hire an attorney. Even if you don’t believe your injuries are serious or your property damage is significant, our personal injury lawyers can explore your legal options.
Having a lawyer from our firm on your side can:
- Protect your rights: Our firm will ensure that you receive the due diligence you’re entitled to. We’ll shield you from any bad-faith practices an insurer may engage in. As your attorneys, these parties will have to contact us with any case-related requests or concerns. With our firm on your side, your rights are safe.
- Protect your health: Your health is one reason to hire an attorney for your truck accident case. If you spend your energy on a legal case rather than your recovery, your health could suffer. Our attorneys can take the weight of the legal process off your shoulders.
- Prevent you from wasting your time and effort: If you handle your truck accident case on your own, you may spend significant time and energy in the process. If you don’t win your case, then all of that time and energy will be wasted. Our firm will put in the work and prevent you from wasting your time or effort.
The time, effort, and composure that a truck accident case requires are significant. Our team will work on the front lines of Louisiana’s legal system; you just focus on recovery.
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Truck Accident Cases Can Be Especially Complicated, and We’re Here to Help
You should be realistic about the challenge of a truck accident case. For several reasons, this case type can be more complicated than other personal injury cases. A truck accident case may be complicated because:
- Trucking companies may withhold crucial evidence, requiring us to take legal measures to obtain the evidence.
- Certain evidence, like data from the truck’s black box, may be highly technical.
- We may need to hire one or more experts to assist with the technical aspects of your case.
- Trucking companies may have ample resources, including an experienced legal team to fight against your case.
- We may need to seek compensation from multiple defendants.
The trucking industry is governed by many regulations, including policies on drug and alcohol use, drive time limits, and maximum load capacity. These regulations could be relevant to your case. Our team is familiar with these regulations and can spare you the time and effort of researching them.
Experience is important in any personal injury case. When a case is as complicated as a truck accident lawsuit, our experience may be all the more beneficial to you.
Laborde Earles Injury Lawyers Can Help With Your Truck Accident Case
At Laborde Earles Injury Lawyers, our personal injury lawyers have over 250 years of combined legal experience. We have recovered hundreds of millions of dollars for our clients in Lafayette, Alexandria, Marksville, New Orleans, and surrounding areas in Louisiana.
If you have been in a truck accident, we want to help you get the financial award you need to pay your medical bills and move forward with your life. Whether you were injured or you lost a loved one in a truck accident, we are ready to help you with your case. Call Laborde Earles Injury Lawyers today for your free consultation.
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