What To Expect As You Move Forward With A Truck Accident Case
Posted on: 8 January 2019
Putting together a truck accident claim can be a very involved process. In addition to questions about what occurred during the incident, there are often concerns about what the company and the driver did or did not know prior to the accident. If you're preparing to pursue a claim, here's what you can expect as you work with a commercial vehicle accident attorney.
It Takes Time
As much as someone who has been injured wants to be compensated as quickly as possible, a truck accident attorney will encourage them to give it a little time. First, the insurance company is likely hoping you'll jump at the first offer in the negotiating process. Second, any agreement you sign will probably give up your right to sue ever again in the case, even if your doctor discovers something months from now.
In most states, you'll statutorily have between two and three years from the time an accident happened to initial file your claim. There may be exceptions if the vehicle was operated by a government entity or a company that's shielded by its work for the state. In these cases, the timeframe is typically closer to six months.
Submitting a Claim
Once your truck accident attorney has all the facts together, a document will be submitted to the company's insurance carrier. This will outline the facts as they are known, itemizing physical injuries, mental and emotional traumas, medical expenses and projects long-term care costs. An adjuster from the insurance firm will then examine the claim and provide either a refusal or a counteroffer. In most states, once a claim is received, the insurance carrier has between 20 and 60 days to reject it, accept it, or try to negotiate it. There may also be contention about the percentage of blame assigned to you, the driver, and the trucking company.
What If a Claim is Rejected?
Firstly, about 95% of injury cases will never see the inside of a courtroom. If a claim is rejected, you do still have the right to sue. In fact, trucking accident cases that go in front of juries are seeing increasingly large awards. For example, a 2018 case in Texas against FTS International, an oil services company, led to a $101 million award of damages to a victim. If you do end up pursuing legal action, you can expect the process to take at least two years.
For more information, reach out to a truck accident attorney.
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