How Long Does It Take to File an 18 Wheeler Lawsuit?
If you're involved in an accident with a 18-wheeler, you will need a personal attorney who is knowledgeable of trucking laws and can assist you to find the best settlement. A truck accident case could take between three months and two years to settle.
Determining fault in these incidents can be a challenge and multiple parties could be responsible for the damages. An experienced attorney will be able identify all liable parties and take legal action against them.
Damages
Because of the significantly greater weight and size of a commercial truck compared to the size of a car, accidents involving 18-wheelers and other commercial trucks can cause severe, and even life-threatening injuries. These accidents are also more likely to cause substantial destruction to property and vehicles. Therefore, the damages paid out in 18 wheeler crash settlements and jury awards tend to be substantially higher than those awarded in the typical motor vehicle crash.
There are many parties that could be accountable for an 18-wheeler collision. It could be the truck driver and his negligence is typically the primary cause of these accidents. However, the trucking company they work for can be held liable as well if they fail to properly educate their drivers or provide them with adequate equipment. The trucking company might also be held accountable if they encourage or rewards its drivers to break the federal laws regarding hours of service. In addition, the company that makes the truck or its parts can be held liable in the event of an auto defect that results in an accident.
Identifying all the liable parties is vital to securing a full and fair settlement. A skilled 18 wheeler lawyer will investigate your case to determine who is responsible for the accident, and will be fully prepared to seek compensation from each of the parties responsible. Attorneys can pursue non-economic damages such as discomfort and pain as well as financial losses.
Liability
The legal process for truck accidents is more complicated than car accident claims. Different parties could be held accountable for the incident, including the truck driver as well as the trucking firm and the vehicle manufacturer. Furthermore, the industry of trucking has incentives that can cause trucks to be reckless in their driving and even miss sleep in order to make deliveries on time.
These factors can prolong the time required to settle a truck accident claim. The injuries suffered by the plaintiff could also affect how long it takes to get compensation. Serious injuries can lead to a larger settlement amount than minor injuries.
The insurance provider of the trucking company will try to minimize its liability by reducing the amount of the claim. It is essential to hire a truck accident lawyer as soon as you can. They will be able to counter these intimidating tactics to secure you the compensation you deserve.
Additional documents, like the black box's information and bill of lading assist in determining who was responsible for the truck accident. These documents can prove that the truck driver was driving recklessly and also aid in determining whether the trucking company was involved in any involvement in the crash. The manufacturer of the truck could also be held accountable for the accident if they had a defective product.
Statute of limitations
The statute of limitations defines how long you can start a lawsuit in the event of a crash. The length of time can differ by state and is determined by the type of accident you were involved in. You have a four-year period to file a personal injury lawsuit, and a two-year window to file a wrongful-death suit. A seasoned attorney will help you navigate the process and determine if you have an action.
Your personal injury lawyer will investigate the site of your accident, talk to witnesses, and examine medical documents, driver logbooks, maintenance and employee records to determine who was at fault for the crash. This could take some time and it's crucial to begin the process promptly to protect the evidence.
The trucking company, and their insurer will do everything they can to avoid paying you what you deserve. They may also try and minimize or exaggerate your injuries. If they succeed this could delay the settling of your claim, and you could wait for a settlement for over a year following your accident.
18 wheeler accident lawyer miami beach can make sure that the statute of limitation is not triggered until you have settled your claim or taken it to court. Certain circumstances may override the statute of limitations in certain situations, for example, being a minor and have mental disabilities.
Timeline
In the United States, there are tens of thousands of semi truck accidents each year that result in fatal injuries and even death. Law firms that focus in these incidents earn huge sums of money. Settlements for 18-wheeler accident cases could be millions or billions of dollars.
A thorough investigation is essential due to the nature and severity of trucking accidents. The process can take several months to be completed. If there are multiple parties involved, it can take longer to reach an agreement on the amount of damages and liability.
It's important that an experienced trucking accident lawyer is involved early on to ensure that your best interests are being protected. A lawyer can assist you in determining the best amount of compensation you deserve. They can also ensure that the insurance company does not try to settle your claim as quickly as possible and is offering a fair amount.
Attorneys generally work on a contingency fee basis. They are not paid until the case is won. They get about one third of the final settlement or court decision. They have to wait until the rest of their money is available before they can pay for their bills and expenses.