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The time length of an 18-wheeler lawsuit depends on many factors. While most claims take from six months to two years to settle or litigate, no timeline is guaranteed. Eighteen-wheelers are among the most dangerous vehicles on the road because of their massive weight and size, and truck accident victims can experience severe and often life-threatening injuries. Because West Virginia truck accident injuries and damages are more serious, and insurance considerations are more complex, commercial trucking accident lawsuits usually take longer than regular car accident lawsuits.
Factors that May Impact How Long Your 18-Wheeler Case Takes to Settle
Many factors can impact the length of your 18-wheeler lawsuit, including the extent of your injuries and the cause of the crash. Each truck accident case is unique, and there’s no set timeline for settlements. The following are some of the most influential factors determining how long a case will take to resolve.
Your Injuries
If your injuries are catastrophic—which is not unlikely in truck accidents—it can take a while for you to recover. Personal injury claims such as truck accident lawsuits are usually not settled until the victim reaches full recovery or maximum medical improvement so that the claim’s value can be properly calculated with the full scope of your injuries and future needs. If your recovery time is longer, your case will take longer to resolve.
Who’s at Fault
Many circumstances can cause an 18-wheeler crash, and depending on the situation, several parties could be at fault. Some common causes of trucking accidents include speeding, unsafe equipment, unsafe maneuvers, strong winds, dangerous road conditions, unsecured or improperly sized loads, and truck driver exhaustion or intoxication.
Several parties may be liable for your injuries, including the truck driver, the trucking company, the loading company, the shipping company, the maintenance company or contractors, and the manufacturer of the truck or its parts. The number of liable parties will alter your suit’s length—cases with more parties will take longer, but it could also mean you’ll recover more damages.
Allegations of comparative negligence also can lengthen a suit. Another party’s insurance company may allege that you were partially responsible for the accident and deserve a smaller settlement or only a portion of the total settlement.
Negotiations
Even when they go smoothly, negotiations with liable parties and their insurance companies take time. However, the willingness of insurers to settle or negotiate in good faith can extend your case’s length.
Sometimes, insurers will quickly make a settlement offer for much lower than your case is worth. An experienced truck accident attorney can help you avoid taking these settlement offers and negotiate a better resolution or, if needed, take the case to trial.
Your Claim’s Value
The value of your claim and the process of calculating the damages you deserve will add time to your lawsuit. The more money a claim is worth, the longer a settlement will take. An insurer will likely try everything possible to protect their bottom line and reduce the value of your claim.
The factors that an attorney will use to determine your damages include the extent of your physical injuries, incurred medical costs, pain and suffering, lost income, and lost earning capacity or expected loss of future income.
The 18-Wheeler Lawsuit Process
After filing an 18-wheeler lawsuit, you may wonder about your next steps. Although these claims vary in the time they take, most follow the same basic process—they begin by gathering evidence and end with either a settlement or a trial. Here are the stages you can expect to undergo:
1. Investigation
The first step of any lawsuit is the investigation. Your lawyer will collect evidence such as photos and videos of the accident, witness statements, black box recordings, driver logs, police reports, and medical records. The stronger the evidence they gather, the more likely your case will be resolved sooner. The investigation also includes determining who was negligent or at fault for the crash.
2. Making Demands
After gathering evidence, your attorney will prepare a demand letter listing your injuries and requesting damages from the negligent party or parties and their insurance companies.
3. Negotiations
The negotiation process begins once the at-fault parties receive and respond to your demand letter. Most truck cases settle via negotiations, but a few proceed to trial.
Insurance companies may offer a settlement quickly, but it’s usually a lowball offer. Negotiations will be necessary to get you the compensation you deserve.
4. Trial
In the rare instance that your case proceeds to trial, the process can take years, depending on the amount of evidence, the number of witnesses, and the court’s docket.
How Much Will You Get Paid if an 18-Wheeler Hits You in West Virginia?
The amount you can recover in a settlement or verdict after an 18-wheeler crash depends on various details and factors, and there is no set settlement value. Some settlements can reach tens of millions of dollars, while others net tens of thousands of dollars. Hiring an experienced truck accident lawyer can help you estimate how much compensation you’ll be able to recover for your suffering.
“If you’ve been in an accident, it’s time to call Warner Law Offices. We’ve recovered millions of dollars for car accident victims. Don’t settle for the insurance company’s low offer. Call us today. No upfront costs. Free consultation. And no fees until we win your case.”
Contact Warner’s Trusted Truck Accident Attorneys Today
Hiring a lawyer is the best way to accelerate the process of an 18-wheeler lawsuit and ensure you receive the full and fair compensation you deserve. An attorney can help you understand what needs to be done. They also will document your injuries, the effects on your life, and your medical costs while communicating with insurers and liable parties on your behalf.
With more than two decades of experience and a proven track record of success as a full-service personal injury law firm, Warner Law Offices seeks to even the playing field for West Virginia truck accident victims. Our attorneys are known for their aggressive advocacy and are motivated by correcting injustice. We’re a small firm but get big results for our clients. Over the years, we have won more than $13 million in total compensation for our clients.
Contact us today online or call 304-345-6789 for a free consultation about your truck accident case.
