Truck accident settlements in California typically take anywhere from several months to over a year or more. The exact duration depends on the details of the case, the severity of your injuries, and the way negotiations with insurance companies play out.
The only way to know how long the truck accident settlement process will take for you is by reaching out to a Los Angeles truck accident lawyer as soon as possible. Your attorney will be able to review the details of your situation and provide a more personalized timeline.
Factors Influencing the Settlement Timeline
The duration of a truck accident settlement in California is not fixed. In other words, it can vary based on a handful of factors. Let’s take a look at how the details of your case, the severity of your injuries, and the insurance negotiation process can influence the timeline.
The Severity of the Injuries You Sustained
The extent of the injuries you sustained in the crash will impact the settlement timeline. If you suffered major injuries, you might require extensive medical treatment and rehabilitation, which can extend the time needed to reach maximum medical improvement (MMI).
MMI refers to the point at which your condition has stabilized, meaning no other improvement is expected. Insurance companies often prefer to wait until MMI is reached before finalizing a settlement. That way, they can accurately assess future medical expenses and other costs.
Specific Details Regarding Your Case
Truck accident cases are often inherently more detailed than typical car accidents for a number of reasons. The fact that multiple people may be involved can complicate matters. These potentially liable parties are as follows:
- The truck driver
- The trucking company
- Maintenance contractors
- Manufacturers of defective vehicle parts
It’s important to look at the roles and levels of responsibility that each of these parties may have had in regard to the collision. While this part of the process is imperative to your case, it will inevitably prolong the settlement process.
Furthermore, there are federal regulations that govern the trucking industry, such as those enforced by the Federal Motor Carrier Safety Administration (FMCSA). These rules must be considered. This adds another layer to the process, further extending its completion.
Disputes Over Who to Hold Liable
Determining fault in truck accidents can be very challenging. Sometimes, multiple parties share responsibility. Other times, liability is contested. Insurance companies might choose to dispute the extent of a policyholder’s involvement or attempt to shift blame to other parties as well.
Practices of the At-Fault Party’s Insurance Company
The approach taken by the insurance companies involved in your case will play a role in the duration of the settlement process. Some insurance providers offer quick settlements, while others might intentionally delay matters or contest claims to minimize payouts.
That said, in California, insurance companies are required to acknowledge a claim within 15 days of it being submitted. From there, they have 40 days to make a decision. However, these timelines can be extended if the insurer needs more time to look into the claim.
In cases where the insurance company is uncooperative or acts in bad faith, it might be necessary to pursue further legal action. This will ultimately extend the settlement timeline as well.
Legal Proceedings Involved in Your Case
If a fair settlement cannot be reached through negotiations, your case could proceed to litigation. Filing a lawsuit will formally initiate the legal process, including discovery, pre-trial motions, and even a trial in some cases.
Litigation can take months or years to resolve, depending on the court’s schedule and the details of your case. However, many settle before reaching trial, especially when both parties work together.
The Average Timeline of Truck Accident Settlements
While every case is different in its own way, let’s take a look at general timelines. That way, you can have a better understanding of the settlement process and how it all works:
- Minor injuries: In cases involving minor injuries and clear liability, settlements are often reached within six to eight months. These cases are typically straightforward since minimal medical treatment is required.
- Moderate injuries: For injuries that require ongoing treatment even though they are not life-threatening, settlements usually last anywhere from eight to 12 months. The need for additional medical evaluations and documentation can further extend the timeline.
- Severe injuries: Cases involving severe injuries, such as spinal cord damage or traumatic brain injuries, often take between 12 and 18 months to settle, if not longer. The need for medical records and professional testimonies, paired with the careful consideration of long-term care requirements, contributes to the timeline.
- Litigated cases: If your case proceeds to trial, the settlement process can take an additional 18 months to complete. Trials involve detailed legal procedures, including jury selection, presentation of evidence, and deliberation. All these steps can prolong the resolution of your case.
(310) 526-8383Steps Your Los Angeles Truck Accident Attorney Can Take to Represent You During the Settlement Process
Understanding the steps involved in the settlement process can give you insight into why it takes time to unfold and finalize:
- Medical treatment and documentation: Immediate medical attention is crucial, not only for health reasons but also to document injuries for the sake of backing up your claim. Continuous medical records are helpful when it comes to establishing the extent of your injuries and the treatments you need.
- Investigation: A thorough investigation will be conducted to determine the cause of the incident, gather relevant evidence, and identify all the potentially liable parties. This can involve reviewing driver logs, looking at maintenance records, and reading accident reports.
- Demand letter: Once sufficient information has been gathered, a demand letter will be sent to the responsible parties, if not their insurance companies. This letter will outline the injuries you sustained, the damages you’re filing a claim for, and the compensation you are seeking in response.
- Negotiations: Your Los Angeles truck accident lawyers will engage in negotiations with the at-fault party’s insurance company with the intention of reaching a settlement. This can involve back-and-forth offers and counteroffers, which may require mediation or arbitration to resolve disputes.
- Settlement agreement: If an agreement is reached, the settlement will be finalized, and you’ll receive compensation. However, if an agreement cannot be reached, your case might proceed to litigation.
Reach Out to Our Truck Accident Law Firm in Los Angeles for More Information About How Long Settlements Take
The time it takes to settle a truck accident claim in California can vary widely. This is because the timeline depends on factors like the severity of injuries, the details of your case, disputes over liability, insurance company practices, and the necessity of legal proceedings.
At Omega Law Group, we have decades of experience between us. Together, our attorneys have recovered millions of dollars in compensation, and we’re here to help you seek justice through a truck accident settlement.
The sooner you reach out to our truck accident lawyers in Los Angeles, the sooner we can start working on your case and pursuing a favorable outcome on your behalf. Remember—you’re not alone. You can count on us to advocate for your rights.
