How Long Does a Truck Accident Claim Take to Settle?

Most truck accident claims resolve through settlement rather than trial.In fact, settlement is often the one point of agreement between otherwise opposing parties. The more pressing question, however, is how long the settlement process will take. There is no answer to that question that applies to every case. Depending on the complexity of the case, the severity of the injuries, and the scope of the claim, a settlement could be reached in a matter of weeks—or it could take several years.

Factors that affect the length of the claim resolution process

Following is a partial list of factors that can affect the length of time it will take to resolve your truck accident claim.

The severity of your injuries

You cannot determine the full cost of your injuries until you reach maximum medical improvement (MMI). MMI is the point, certified by your doctor, where your medical condition has improved as much as it is ever going to.

Ideally, this means you’ve made a full recovery. However, in some cases, it may indicate a permanent impairment. Either way, it is not possible to assign a definitive value to your medical expenses until your treatment is complete, which requires reaching MMI. Generally, the more severe your injuries, the longer it may take to reach that point. The amount of damages you are claiming.

Insurance companies are generally reluctant to pay substantial compensation, as doing so cuts into their profits—which is, ultimately, their primary objective. The greater the amount of compensation you seek, the more resistance you can expect from the insurer or responsible party. As a result, the more aggressively they contest the claim, the longer it may take to reach a resolution.

Disputed liability

Suppose you share the blame for your accident because you also acted negligently. This is extremely common. At trial, a court would assign you a percentage of fault, from 1% to 99%. If your percentage of fault is 15%, you will lose 15% of your damages. If your percentage of fault is 49%, you will lose 49% of your damages. If your percentage of fault is 50% or higher, however, you will lose 100% of your damages.

You can expect the defendant to fight hard to prove you were at least 50% to blame for the accident. That is why if your percentage of fault appears to be anywhere near 50%, even at the settlement table, the defendant might just decide to take your claim all the way to trial, hoping that the judge and/or jury will ultimately rule in their favor.

Insurance company red tape

Bureaucratic delay can slow down the processing of your claim, particularly when dealing with large insurance providers. Smaller insurance companies might also subject you to red tape delays.

The availability of evidence

Some truck accident claims are easy to assert. You might find CCTV footage of your accident in a mall parking lot camera, for example. Other circumstances might be less advantageous to you. You might even need an accident reconstruction specialist to prove that the defendant was at fault. The less available the evidence, the longer your claim will take to resolve.

How well you negotiate

Negotiation plays a critical role in the outcome of a personal injury claim, and insurance adjusters are highly skilled professionals trained to protect the insurer’s interests. For that reason, it is generally unwise to attempt to negotiate a significant truck accident claim on your own. If authorized, your attorney can manage all communications and negotiations on your behalf.

You also have the right to instruct the defendant and their insurance company to direct all correspondence through your attorney. Rest assured, your lawyer cannot settle your claim without your permission.

Whether you go to court

Filing a lawsuit could greatly delay the resolution of your claim — sometimes for years. This is not always the case, however. Under the right circumstances filing a lawsuit might actually speed up the resolution of your claim. By filing a lawsuit, you beat the statute of limitations deadline and gain access to the pretrial discovery process.

To file a lawsuit you will need to prepare and submit a complaint. If your claim is worth more than $15,000, you will not be able to use small claims court and you will have to submit a formal written complaint that you will probably need a lawyer to draft. You will also have to complete the formal process of having a neutral third party deliver a copy of the complaint and summons to the defendant. This process might take a few weeks.

Pretrial discovery

Pretrial discovery is a powerful evidence-gathering process that includes:

• Depositions (verbal testimony from each side’s witnesses).
• Interrogatories (written questions).
• Requests for copies of documents.
• Requests for access to physical evidence, such as a wrecked truck.
• Requests for the admission of certain facts that are not central to the case.

Pretrial discovery can take up to a year or even more to complete. Alternatively, you might complete it within a few months, depending on the complexity of the case.

The quality of your legal representation

While it may seem like it shouldn’t make a difference, the skill and experience of your attorney can significantly impact the outcome of your case. Success isn’t just about whether you win or lose—it’s about how much you recover and how long it takes to get there. For example, if your claim is worth $100,000 but you only receive $25,000 a year later, that’s not a meaningful victory. An experienced attorney can substantially improve your chances of securing a fair and timely settlement.

The ultimate deadline – the statute of limitations

In most Georgia personal injury claims, you have until two years after the date of your injury to either file a personal injury lawsuit or finalize an out-of-court settlement. Exceptions exist under certain circumstances — if you were a minor at the time of your injury or if you are suing a city, state or government entity, for example. Consult with a lawyer to make sure you don’t miss the deadline.

Legal representation may or may not be necessary to reach a settlement

In cases involving minor truck accidents, legal representation may not always be required. However, most truck accident victims benefit from having an attorney advocate on their behalf. At a minimum, it is wise to schedule a free initial consultation with an experienced Atlanta personal injury lawyer to understand your rights and evaluate your options.

Atlanta personal injury law firm Harris Lowry Manton stands ready to watch your back. If you choose them, they will fight to make sure you receive every dime of compensation you deserve.