How Long Does a Ohio Truck Accident Case Take to Settle?
Truck accidents are inherently dangerous. They cause more debilitating injuries when compared to car crashes. An accident involving trucks can result in considerable property damage and huge medical expenses. Therefore, it is obvious for truck accident victims to wonder how long will their personal injury claim take to settle.
While there is no straight answer to this as all truck accident cases are different and cause different degrees of damage, certain aspects can be looked at to understand how personal injury claims related to a truck accident work.
The Truck Accident Settlement Process
Generally, a truck crash settlement involves the following steps:
The first step after a truck accident is investigating how the accident occurred. A police accident report will be made which will contain details of the accident scene like the name of the truck driver, details of both the vehicles involved, the cause of the accident, and witness names if any.
It is important to gather evidence as quickly as possible. It involves going through the medical bills and medical records, police reports, witness statements, truck maintenance reports, records from electronic logging devices, photos from the scene, traffic camera footage, expert testimonies, and other relevant records that can be recovered from the trucking companies.
This is one of the most complicated steps in truck accidents. A single party may be responsible or multiple parties may be at fault. Once fault is determined, it is at this stage the victim finds out who to recover compensation from.
Pursuing a Claim
The liable party’s insurance carrier will be required to pay compensation to the victim of the commercial truck accident. The Federal Motor Carrier Safety Administration mandates a certain amount of liability insurance coverage that motor carriers must have.
Settlement Negotiation/ Filing a Lawsuit
Insurance settlements may take weeks or even months. Negotiations with insurance companies are tough and they generally deny liability or offer lower-than-fair settlement amounts.
If the parties do not agree upon a settlement amount, the case will proceed to trial and a lawsuit will be filed.
How long does an accident claim take to pay out?
While there is no fixed time within which the insurance adjuster is required to pay out, certain factors may impact the timeline. The following factors may impact how sooner or later a truck accident claim may get resolved:
The Evidence Available
If there is clear, enough, and strong evidence available, an accident claim may get resolved quicker. However, if there is a lack of clear evidence and multiple parties are involved in blame-shifting, the insurance claim may take longer to settle.
Number of At-Fault Parties
Truck accidents can have multiple at-fault parties including the truck driver, trucking company, truck parts manufacturer, cargo packer, and maintenance company. Proving fault and accepting liability takes more time in such cases.
If the victim sustained serious injuries, it could take longer to settle the case. Severe injuries needing long-term care and therapies require greater compensation and the insurance adjusters usually fight hard to reduce the payout.
Working with an experienced truck accident attorney right from the beginning of the case will ensure that the case proceeds swiftly. Insurance companies are likely to take negotiations will lawyers more seriously than with the victims.
What is the average settlement for a car accident in Ohio?
Depending on the injuries sustained and the fault of each party, the settlement amount varies from case to case. Generally, compensation through a settlement is awarded for:
- Medical Treatment Bills
- Lost wages and loss of future income
- Pain and suffering
- Property damage
- Expenses for long-term care, rehabilitation, and therapies
Depending upon the damage to the property and the injuries caused, the settlement amount may vary from a few thousand to even a million dollars.