The Timeline of a Truck Accident Lawsuit
If you have been hurt in a truck accident caused by someone else’s negligence, you may have already considered filing a lawsuit against them to recover compensation. While a successful lawsuit can help cover medical expenses, lost income, and other losses, many people are still reluctant to take legal action. One reason for this is they believe a lawsuit will take too long.
While no one can determine exactly how long a specific truck accident lawsuit will take, understanding the timeline of a case can help you determine how long your case may take. Below, our San Antonio 18-wheeler accident lawyer explains further.
Case Evaluation
Before filing a lawsuit, you should choose a lawyer who is the right fit for you and your case. An attorney can review the facts of your case, provide an estimate of damages available, and advise on how they will approach your case. During the initial case evaluation, a lawyer will also review the police report, your medical records, and other evidence. This stage will take one or two weeks.
Investigating the Crash
If your lawyer determines that you have a strong case, they will conduct an investigation into the crash. During the investigation they will collect witness statements, accident reports, dash cam footage, 911 audio files, body camera videos, and black box data that supports your case. They may also hire experts to reconstruct the accident and analyze violations by the trucking company. This phase will take approximately one to three months.
Sending the Demand Letter
Your lawyer will send a demand letter to the insurance company representing the negligent party. The demand letter will outline the cause of the accident, the liable party, and the amount of damages you are pursuing. The insurer will review the demand letter and accept or deny the claim or counter with a lower offer. This can take one to two months (after you have finished treating with medical providers and all medical records have been obtained).
Negotiations
Your lawyer and the insurance company will enter into negotiations in an attempt to reach a fair offer. These negotiations can take between two to six months. If a fair offer is not reached, your lawyer may advise that you file a lawsuit.
Litigation
The vast majority of truck accident claims are settled outside of the courtroom. However, if your case goes to trial, it can take one year or longer before the case is finalized. While an actual trial typically only takes one or two weeks, your case may go to mediation before this and you will enter discovery to exchange information about the crash with the other side. Throughout the process, your lawyer will continue negotiating with the insurance company.
Our 18-Wheeler Accident Lawyer in San Antonio Can Help You Through the Process
Taking legal action is often necessary to uphold your rights, but the process is not easy. At the Law Office of Israel Garcia, our San Antonio 18-wheeler accident lawyer can help you through the process to ensure it is as easy as possible for you. Call us now at 210-LAW-9999 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
law.cornell.edu/wex/negligence
