How Long Do Truck Accident Cases Take in Delaware?

Truck accidents result in some of the most serious injuries, including broken bones, traumatic brain injuries, amputations, and more. Vehicles registered in the state are required to carry minimum personal injury protection (PIP) coverage. This coverage is rarely enough to fully cover the losses sustained in a truck accident.

You may be able to file a claim against the truck driver or trucking company to recover your full losses after a truck accident. When you need help right away after a crash, the last thing you want is for your case to drag on indefinitely. However, depending on the facts of your case, it may take some time to resolve. Below, one of our Delaware truck accident lawyers outlines the factors that impact the length of a claim.

The steps involved in a truck accident claim

Before understanding how long your case may take, it is important to know the steps involved. These are as follows:

• Obtaining medical treatment: It is important to understand the full severity of your injuries so you can pursue full compensation. This often means completing your medical treatment or reaching maximum medical improvement (MMI), which means your condition is not expected to improve substantially with further treatment.
• The investigation: Our truck accident lawyers can also conduct a thorough investigation into the accident to determine liability and collect evidence to support your case. For example, our attorneys can obtain electronic logging device (ELD) data from the trucking company to determine whether the driver violated an hours-of-service rule.
• Negotiations: Your lawyer can first try to pursue compensation by filing a claim with the insurance company representing the liable party. They may then enter into negotiations to reach a fair settlement. This is the fastest way to resolve a truck accident case, and the majority of claims are resolved during this stage.
• Trial: When negotiations are unsuccessful, your attorney may advise that you take your case to trial. Although this can add months or even years to the timeline of your case, it is sometimes necessary if the insurer disputes liability or refuses to offer fair compensation.

Although most cases will proceed in the above way, there are many factors that can impact how long it takes to resolve your case.

The nature and severity of your injuries

The severity of your injuries plays a very important role in the length of your truck accident case. This is because you need to fully understand the nature of your injuries, how they will impact you in the future, and any future medical treatment you will need, as well as the expenses you may incur. This is the only way to determine how much you should pursue in compensation so your medical expenses and other losses, such as lost income, are accounted for.

The complex factors in your case

Truck accident cases can be far more complex than car accident claims. After a truck accident, there are many complex factors that can add to the timeline of your case. A few of these factors are as follows:

• Multiple liable parties: Truck accident cases often involve multiple parties. These may include the truck driver, the trucking company, truck manufacturers, and third parties such as cargo-loading or maintenance companies.
• Evidence involved: The evidence in truck accident cases can take a long time to obtain. Sometimes, it is necessary to send a preservation letter to the trucking company to preserve ELD data, GPS records, event data recorders (EDRs), and more.
• Expert testimony: Experts can include medical professionals, vocational experts, and accident reconstruction specialists, to name just a few.

While the complicated factors in truck accident cases can add additional time to your case, it is important to resolve them so you have the strongest case possible.

Negotiating with the insurer

An insurance adjuster may contact you in the days or even hours following a truck accident. They may seem helpful and may even tell you they want to do the right thing and provide the help you need. They may offer a settlement. Although it is tempting to accept this offer because it provides immediate compensation, the amount may not fully cover your losses.

Your truck accident lawyer can negotiate with the insurance company on your behalf in order to secure a fair settlement offer, but this can take weeks or months. Still, negotiating a fair settlement amount is generally faster than going to trial to obtain damages.

Taking the case to trial

Most truck accident cases are resolved through negotiated settlements. However, there are times when negotiations are not successful. If the liable party, or the insurance company representing them, disputes liability or refuses to offer fair compensation, you may want to take your case to trial.

The length of a lawsuit varies, depending on the circumstances, but can often take several months. The civil courts are also often managing backlogs, and it can take a while before there is time in the court’s schedule to hear your case.

Once a trial begins, it can still take days or weeks to resolve, and post-trial proceedings may take additional time. However, settlement negotiations can still occur during a trial up until a jury makes the final decision or the judge issues a judgment.

The importance of patience

Truck accident cases can take time to resolve. You may be tempted to rush a settlement, but it’s important to remain patient. A lawyer can investigate your case and negotiate with the insurance company. If necessary, they can take the case to trial in order to pursue full compensation.

Our truck accident lawyers in Delaware can help with your case

At Silverman, McDonald & Friedman, our Delaware truck accident lawyers are ready to help you. Call us now or contact us online to schedule a consultation.