How much time does it take for a truck accident case to complete? How long will it take to get my money, if I am successful? Do most truck accident cases settle?
The amount of time needed to finish your case depends on your particular circumstances. Cases take from a few months to over a year or longer to fully investigate, prepare and present to a judge or jury. Because of the larger amounts of damages involved in a truck accident case, the trucking insurers are more likely to authorize the vigorous defense of the case. For this reason, truck accident cases generally take longer to resolve than an auto accident case. Some cases are appealed after a decision is reached at the trial level, and that process can add several months, or more. Most cases settle before going to trial, so that both sides can avoid the extensive delay involved in preparing and presenting their case.
Whether a case settles or goes to trial, the attorneys for both sides need some time to discover all of the facts of the case, explore all the relevant laws, claims and defenses, and advise their clients. A significant factor in how much time a case takes is the people involved; for personal, legal and financial reasons, some people choose to move quickly through the court systems, while others seek to cause delay.
How long it takes to get your verdict or settlement money will depend on a number of factors. How quickly the particular insurer pays claim is the first variable. Both verdicts and settlement agreements have a date by which the insurer must pay. Because the agreement is an enforceable contract, the insurer will generally pay within the time designated. If there is no insurer and you must depend on an individual, there is no telling how long it could take. If he or she does not pay within the agreed time, it means another action to collect the judgment . Beyond the time period to which the parties agree, the factors include:
• How many insurers/payors are there? The more there are the more complicated payment is and the more complicated it is, the longer it takes.
• Are there outstanding liens? The liens against the settlement or judgment have to be settled before you get your money.
• Are there portions of the claim that are not resolved? If so, the claims must be settled.
• Are the medical bills or attorney fees in dispute?
All of these issues can result in a delay in payment. |
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