How Long Does It Take to File an 18 Wheeler Lawsuit?
If you've been involved in a crash involving an 18-wheeler, you need an attorney for personal injuries who knows the law regarding trucking and can help you get the best possible settlement. It can take anything from three months to a couple of years to settle a truck accident case.
Determining fault in these types of accidents can be difficult and multiple parties could be responsible for the damages. An experienced lawyer can identify the parties responsible and pursue claims against them.
Damages
Accidents involving 18-wheelers as well as other large commercial trucks could cause serious, and even life-threatening injuries. This is due to the weight and size of a truck being much more than a typical passenger car. They also tend to cause much more significant destruction to vehicles and property. In this way, the amount of damages that are awarded in 18 wheeler accidents settlements and jury awards are often significantly greater than those in a normal motor vehicle crash.
Sometimes, several parties are responsible for an 18-wheeler accident. Truck drivers are often the primary cause of accidents because they are liable. The trucking company they work for could be held accountable if it fails to provide proper training or equipment for its drivers. Additionally, the trucking firm can be held accountable if they encourage or incentivize their employees to violate the federal requirements for hours of service. The truck's manufacturer, or its parts, is also liable when an auto defect causes an accident.
It is essential to identify all parties who are responsible for the accident to secure an equitable and complete settlement. An experienced 18 wheeler lawyer will examine your case to determine who is responsible for the crash. They will then be prepared to pursue the compensation of each party responsible. In addition to seeking financial losses, your attorney can also pursue non-economic damages like pain and suffering.
Liability
The legal process for truck accidents is much more complex than car accident claims. Many parties could be held responsible for the incident, including the driver of the truck as well as the trucking firm and the vehicle manufacturer. The trucking industry also has incentives that can cause trucks to drive recklessly or even to sleep in order to make quick deliveries.
These factors can increase the amount of time required to settle a truck accident claim. The injuries of the plaintiff also have an impact on the length of time it will take to get compensation. Serious injuries typically result in higher settlement amounts, as opposed to minor injuries which may result in a lower settlement.
Moreover, the trucking company's insurance provider will try to minimize their liability by reducing the value of the claim. This is why it is essential to get a skilled truck accident attorney as soon as you can. They will fight against these tactics to ensure that you receive the money that you deserve.
Additional documents, like the black box data as well as the bill of lading assist in determining who was accountable for the truck crash. These documents can show that the driver of the truck was reckless, and they will also aid in determining whether the trucking firm had any involvement in the accident. The truck manufacturer could be responsible for the accident when they made a mistake with their product.
Statute of limitations
The statute of limitation sets the time frame within which you are able to make a claim after an automobile accident. The time frame varies from state to state and is based on the type of accident you were involved in. In general you will have up to four years to file an injury claim and two years to file a wrongful death suit. A knowledgeable attorney can assist you through the process and determine if you have a case.
A personal injury lawyer will review the scene of the accident and interview witnesses. They will also look over medical records. They will also examine driver logbooks, employee records and maintenance records to determine who is responsible for the accident. This can take some time so it's essential to begin this process as soon possible to preserve the evidence.
The trucking company and their insurance company will do everything they can to avoid paying what you deserve. They might also attempt to minimize or exaggerate the extent of your injuries. If they are successful, this can delay the settlement of your claim. You could be waiting for more than a year for your settlement.
Your lawyer will make sure that the statute of limitations does not expire before you are capable of settling your claim or go to trial. Certain circumstances may override the statute of limitation in certain situations, for example, the case of a minor and have an intellectual disability.
Timeline
Tens of thousands of semi truck accidents happen in the United States each year, that can cause fatal injuries or even death. These incidents are big business for law firms that specialize in handling these. Settlements in 18-wheeler accident cases can reach millions and billions of dollars.
Due to the nature of trucking accidents, a thorough investigation must be conducted in order to properly determine liability and damages. This process can take several months to complete. If there are multiple parties involved, it may take longer to reach an agreement on liability and damages.
To protect your interests, it's crucial to get a knowledgeable trucking accident lawyer on board early in the process. An attorney can help you determine the maximum amount of compensation you're entitled to. 18 wheeler accident law firm decatur can also ensure that the insurance company isn't trying to resolve your claim too quickly and also that they offer a fair value.
Attorneys usually work on a contingency basis. They are not paid until the case is won. They get about 1/3 of any final settlement or the court's decision. This means that they have to wait for the rest of the money to be deposited before they are able to pay for their bills and expenses.