How Long Will My Truck Accident Lawsuit Take to Settle?

How long will my truck accident lawsuit take to settle? It will vary on a case–by–case basis. Some can be resolved in as few as several weeks or months, while others may take years or longer to finalize.

Multiple factors will determine how long truck accident lawsuits take to settle. Your New Orleans truck accident lawyer will review the specific circumstances of your collision to give you some insight into how long it might be before you receive your settlement funds. 

Here is more about some of the considerations that influence the amount of time it takes to settle a truck accident insurance claim or personal injury lawsuit and how you can get started on your claim as soon as today.

Factors that Determine How Long Truck Accident Lawsuits Take to Settle

The amount of time it will take to settle your truck accident lawsuit varies widely on a case-by-case basis. We know that it is difficult to read this as you are looking for more specific answers, but it is the hard truth of the legal process. However, we can help you understand the various factors that could influence how long these cases take so you have a better idea of how long it might be before you receive your payout.

The Length of the Investigation 

One of the most important factors impacting your truck accident settlement is how long it takes to investigate the case. Sometimes, these investigations can take a month or longer. 

Your New Orleans car accident lawyer will need to obtain copies of crash reports, interview witnesses, obtain depositions, and hire experts to conduct an intensive analysis of the evidence we have obtained at the accident scene and throughout our investigation.

Accident reconstructionists will need to carefully review the data we have obtained so they can recreate the accident and establish fault. This way, we have concrete supporting evidence against the individual or entity responsible for causing your accident. For this reason, the sooner you get us working on your truck accident insurance and civil claims, the better.

Evidence Availability

The availability of evidence also plays a part in how long it will take to settle your claim. Sometimes, at-fault parties face criminal charges in addition to their liability for your damages in civil court. When this happens, law enforcement officials may need to keep evidence that we need to prove liability at trial.

We may need to wait until the criminal case is resolved before moving forward with your civil claim against the liable party. This may be necessary, as the burden of proof in civil court is based on a preponderance of the evidence according to LA – Code of Evidence Art. 1105. 

If we do not have enough evidence to prove the defendant’s liability clearly and convincingly, we may not be able to recover the compensation you would otherwise deserve.

Whether the Liable Party Has Insurance

Whether the at-fault party has insurance coverage in place will also have an impact on how long it takes to move forward with your claim. If the liable party has insurance coverage, we will file a claim against their policy since Louisiana follows fault-based insurance laws under LA R.S. § 1284.

When filing an insurance claim, we need to prepare the claim, provide the insurance company with supporting evidence, wait for the insurer to investigate, and then negotiate the settlement terms with the insurance company to ensure you get your fair share of compensation.

If the liable party does not have insurance coverage, we might be filing a claim against your auto insurance policy if you purchased no-fault coverage. 

However, in some cases, insurance companies may attempt to increase your rates when your policy renews if you have previously filed a claim. So do not file a claim against your own insurance policy until you have spoken with your legal advocate from Scott Vicknair Injury Lawyers.

The Extent of Your Injuries

The extent of your injuries could have a significant impact on how long it takes to resolve your claim. The greater the impact of your injuries, the more compensation you can expect to recover. However, if your injuries are especially serious, they could affect your life for the foreseeable future or even permanently.

When this happens, it makes it difficult to determine when you have reached maximum medical improvement (MMI). This is the point at which you are expected to have recovered to the greatest of your body’s ability. Typically, this is when we will know the total value of your medical expenses.

However, we do not necessarily need to wait for you to reach out to MMI before pursuing your case. We can use your medical records, physicians’ statements, and other evidence to help us evaluate the expected value of your medical bills. That way, we know how much compensation to seek when we file a claim with the insurance company and bring your case to trial.

Partial Blame Claims

Additionally, your claim could take longer to settle if the at-fault party attempts to blame you for causing the collision. Since Louisiana follows pure comparative negligence laws as described under LA Civil Code Art. 2323, your settlement will be reduced if you are partially at fault. However, since we will need to challenge the defendant’s unjust partial-fault accusations against you, it may take a little longer for you to receive a judgment in your favor.

Get Legal Support When You Contact a New Orleans Truck Accident Lawyer for Help Today

After everything you have been through, it makes sense that you would be hoping to finalize your truck accident settlement as soon as possible. After all, you may currently be dealing with debt collectors, unpaid expenses, and steadily increasing costs related to the injuries you 

suffered. 

However, it is impossible to say how long it might be before you receive your payout until we have analyzed all of the circumstances of your accident.

Do not hesitate to get started on your insurance and civil claims. Your New Orleans personal injury lawyer with Scott Vicknair Injury Lawyers is here to help you maximize your settlement.

We will do whatever it takes to get you your settlement funds as soon as possible, so fill out our online contact form or call our office to schedule your no-cost, risk-free consultation as soon as today.