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On average, settling a truck accident lawsuit in West Virginia takes between 6–16 months. However, some cases can take more or less time depending on their unique factors.
When you turn to Warner Law Offices, PLLC, our skilled truck accident lawyers will thoroughly evaluate your case and provide a realistic timeline based on your circumstances. Call (304) 345-6789 or contact us online to schedule a free consultation.
What Factors Can Impact the Length of a Truck Accident Settlement?
Truck accident cases involve many moving parts and often are more complex than a typical car accident case. Multiple factors can affect how long it takes to settle a semi-truck accident lawsuit:
Accident Severity
Commercial trucks can weigh up to 80,000 pounds when loaded, while the average car weighs around 4,000 pounds. This size and weight difference alone can lead to catastrophic injuries when a truck and a car collide. Severe injuries often translate to extensive medical treatment and long-term disability that can affect your earning potential and quality of life.
Documenting your damages and calculating their full value can take time, especially when they involve severe injuries. This can extend your case’s timeline.
Complexity of Liability
A successful truck accident lawsuit normally requires proving that another party’s negligence caused your injuries. In some cases, this is straightforward, such as when a truck driver caused an accident by violating clear traffic laws. However, defendants will likely try to place at least some blame on you.
If liability for the accident is unclear, your lawyer may need to conduct a more in-depth investigation or consult with experts, which can add time to your case. Multiple parties often share liability for commercial truck accidents, including the truck driver, trucking company, and cargo loaders.
Your case may also become more complicated if you have a pre-existing condition that the insurance company argues contributed to your injuries. We will thoroughly evaluate your medical records to push back against these arguments.
Availability of Evidence
Strong evidence to prove liability and damages is crucial to recovering compensation in a commercial truck accident case. Gathering this evidence can take time, and some cases may require more investigation than others.
For example, if there is dashcam footage of the accident showing the truck driver driving recklessly, that may be enough to prove liability quickly. By contrast, more complex cases may require obtaining trucking company records and consulting with accident reconstruction specialists to determine what caused the accident.
Negotiation Success
If the liable party’s insurance company makes a favorable offer, your truck accident case could settle in just a few months. However, they may also try to delay your claim and offer lowball settlements. The insurance company could even refuse to negotiate at all.
Back-and-forth negotiations are generally necessary to secure a fair settlement. If the insurer refuses to cover the full and fair value of your damages, going to trial may be the only way to secure the compensation you deserve, significantly increasing the time it takes to resolve your truck accident lawsuit.
Be Careful When Communicating With Insurance Companies After a Truck Accident
Insurance companies know that victims want a fast resolution to their cases, and they often take advantage of this by offering quick semi-truck accident settlements. Don’t fall for it. Their first settlement offer will probably be far less than you need to cover your full damages. You will likely receive significantly more money if you negotiate with an attorney’s help.
Remember, you can turn down the insurance company’s first truck accident settlement offer. If an adjuster contacts you after a truck accident, it’s probably best to avoid discussing your case without first consulting with or hiring a truck accident lawyer. Avoid providing recorded statements or signing documents you don’t fully understand, as doing so could hurt your case in the long run.
What To Expect From the Semi-Truck Accident Settlement Process
Truck accident claims are more complex than other commonplace auto accident lawsuits. Basic steps in truck accident lawsuits include:
- Investigating the cause of the accident and who is liable.
- Gathering medical records and financial documents.
- Collaborating with experts (e.g., doctors and accident reconstruction specialists).
- Filing a demand letter with the defendant and their insurer, outlining your damages and their liability.
- Exchanging evidence and negotiating with the defendant and their insurer to reach a fair settlement.
- Filing a truck accident lawsuit and preparing for trial if settlement negotiations fail.
Our top-tier legal team can navigate your case from start to finish while you focus on your recovery. We’ll seek the maximum compensation you’re entitled to by law for your physical, emotional, and financial damages.
Get Help With Your Truck Accident Settlement Today
Experienced legal representation matters when you’ve been injured in a truck accident. That’s exactly what you’ll get at Warner Law Offices. With decades of combined experience and millions recovered in high-value case results for our clients, we have what it takes to maximize your compensation.
We are ready to provide the aggressive advocacy you need during this difficult time. To learn more about settling a truck accident lawsuit in West Virginia, call (304) 345-6789 or contact us online to schedule a free, no-obligation consultation.
