Truck accidents are more than often serious and sometimes fatal. They usually involve multiple vehicles and can cause extensive damage. This means that the process of filing a claim and receiving a settlement can be complex and time-consuming.
The amount of time it will take to receive your settlement depends on several factors, including the severity of the accident, the insurance company’s claims process, and whether you can settle out of court.
If you’ve been in a truck accident, it is vital to understand the claims process and what you can do to help ensure a timely and fair settlement.
Comparative Negligence and How it affects Settlement
In many states, including California, Colorado, and Texas, comparative negligence is used to determine who is liable for an accident. Under comparative negligence, each party is assigned a percentage of fault that led to the accident.
This can have a significant impact on how long it takes to reach a settlement, as the insurance company will likely try to minimize their pay-out by assigning a larger percentage of fault to you. With truck accident settlements, it’s important to have an experienced lawyer on your side to help you navigate the comparative negligence laws in your state. Since they have access to jury trends and similar previous settlement cases, they can give you a good idea of what to expect.
Calculating Settlement: How is it done?
The first step to take in estimating your settlement is to determine the value of your damages. This includes both economic and non-economic damages. Economic damages are measurable losses such as loss of wages, property damage, and most importantly medical bills. Non-economic damages are more difficult to quantify but can include emotional distress, pain & suffering, and loss of enjoyment of life.
Once you have a total value for your damages, you will need to subtract any comparative negligence that has been assigned to you. The next step is negotiation with the insurance companies. This is where having a lawyer becomes extremely helpful. They will know how to properly value your claim and fight for the best settlement.
If you are unable to reach a fair settlement with the insurance company, your next option is to file a lawsuit. This will likely take longer to resolve, but you may be able to recover more damages through this route.
Settlement Duration: So, How Long Does it Take?
Unfortunately, there’s no easy answer. The duration of your settlement will depend on several factors, including the severity of the accident, the insurance company’s claims process, and the laws in your state. In general, the more the severity, the longer it will take to receive your truck accident settlements. But even if your accident was relatively minor, you may still be looking at a long road to recovery.
If you’re a truck accident victim, it’s important to understand the claims process and what you can do to help ensure a timely and fair settlement. The amount of time it will take depends on several factors, including the severity of the accident, the insurance company’s claims process, and whether you can settle out of court. Hiring an experienced attorney who knows how to navigate the claims process is one way to ensure a quick settlement and protect your rights.