Unfortunately, there is no one answer as to when an accident case will be completely settled. Every accident, including trucking accidents, is different. Therefore, some take much longer to settle than others. However, trucking accidents typically take more time to settle and close than a normal car accident.
Having a trucking accident/injury attorney will help you greatly, but does not guarantee a speedy process. Obtaining counsel from a trucking attorney is the smart way to go, because it ensures that you will get the most out of your settlement versus if you chose to go about a lawsuit on your own.
Settling your case too quick or too early can be a disadvantage to you. Insurance companies often try to get you to settle quickly because it is easier for them. But if you do that, you may suffer from ongoing or future pain after the fact. Your attorney will best advise you about how to go about the process depending on the specifics of your case.
Some things that contribute to the length of time your case will remain open includes:
- Severity of the incident (physical and property damage)
- Determining the fault (driver, maintenance company, trucking company, manufacturer, more than one party, etc.)
- Investigation (maintenance inspection, witness reports, driver credential investigation, police report review, etc.)
Once all these things, and sometimes more, are looked in to, the topic of negotiation may be brought up. This process can be very long. It is the negotiation of your legal representation, and that of the trucking companies.
Negotiations may be made several times depending on:
- If you are found partially to blame
- The review of your medical treatment summary
- The amount of available insurance.
If after all this, the two parties cannot come to a mutual agreement, your case will be brought to trial and a judge will decide your rightful amount of compensation. Of course, this takes even longer for your case to close.