How Long Does It Take To Settle A Truck Accident Case Involving Injuries?
The length of time it takes to settle a truck accident case is different from case to case. Some truck accident cases can be resolved quickly with the insurance company of the at-fault party. On other cases litigation might be necessary for the victims to recover what is a full and fair settlement for their case. The value of each case will differ from case to case. That being said, just because you have a friend who says he got some amount on his or her case, it might not be the same for your case. If a case can be resolved with an auto insurance company, it may be possible to resolve a case within 90 days of discharge from medical care. In auto accident cases involving litigation, the case may take more than one year to make its way through the litigation process to trial or final disposition.
Factors That Can Increase or Decrease Your Case Settlement
Below are some of the factors that can increase or decrease the amount time for your case to be resolved:
- Insurance companies involved
- Amount of time for the insurance company to accept liability
- Severity of injuries
- The length of time of your medical treatment for your injuries
- Medical records and patient account records to support injuries
- The degree of impact that your injuries on your future
Don't Let The Insurance Company Trick You Into Giving Up Your Rights
Often, auto insurance companies will offer you a small amount of money and say something like, “I am so sorry to hear you are injured. Here is a check and should cover 2 doctor visits.” On the check it will say full and final payment. This means that is the only amount of money that they will pay. If you take that check and you have thousands of dollars in hospital bills, you just release them from liability. Insurance companies are now just transferring the money directly to your bank account. Make sure to talk to a truck accident attorney before talking to the insurance company.
Texas' Rules Regarding Truck Accident Case Length
There is no simple answer to the exact length of your suit since each and every case is different. In general, the more serious the accident or injury, the longer the case may take. This is often due to ongoing medical treatments and an unclear prognosis. Other factors include obtaining expert witnesses as well as depositions from eyewitnesses as well. It is also important to remember that, the trucking companies' lawyers will do everything in their power to reduce, deny or delay your claim, hoping that you will accept a smaller settlement in order to close out the case. When there are multiple defendants involved - and in truck accident cases, that's usually the case - litigation can take a very long time. However, it is important that Texas has a general 2-year statute of limitations for personal injury claims. Texas Civil Practice & Remedies Code section 16.003. Therefore, it is very important to speak with an attorney promptly so that you do not miss your chance to collect compensation and achieve justice. We know how difficult it is for someone who is recovering from a trucking accident to get through a long legal battle. You can rest assured that the experienced attorney at The Pascoe Law Firm will be there for you every step of the way.
Truck Accident Insurance Claims Process
After your doctors release you and you have reached maximum medical improvement, your attorney will order all of your medical bill and patient account records. At the Pascoe Law Firm we prepare every case as if we are taking it to trial. We order all of your records and bills with an affidavit from the custodian of records at your doctor’s offices. This sometimes takes a little longer but can save time if we need to take your case to litigation. It also shows the insurance company that we are fully prepared to litigate your case if needed.
Once we have all of your medical records and bills with affidavits, we create what is called a “Stower’s Demand.” We send the Stower’s demand to the insurance company with the medical and billing records and affidavits. At that point, the insurance company typically has 30 days from the time the sign for the package to make an offer or settle your case. The negation process could take longer or could be shorter based upon the facts of your particular case.
If you case does settles keep in mind that once a truck accident case is settled with a signed release, you can never recover any additional monetary damages—regardless of how severe your injuries are or when you become aware of their severity. While this can be a lot of work, taking these steps enables our firm to resolve cases for our clients in the Friendswood, League City, Pearland and Webster areas and across Texas in a timely manner directly with an insurance company.
Experienced Matters On Auto Accident Insurance Claims Cases
Our experience handling auto-related injury cases enables us to recognize when an insurance company is under-valuing your case. In these situations, we will file a lawsuit and actively litigate your case if needed. Regardless of the complexity of your case or the severity of your injuries, you can rest assured that the Pascoe Law Firm Truck Accident Attorney will fight to protect your legal rights in Friendswood, League City, Webster, and Pearland. Contact our office today at 713-829-4317 for a free evaluation of your Texas auto accident case.
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