How Long Could It Take To Settle/Resolve an Ohio Truck Accident Case?

Commercial truck accident cases can be complicated for various reasons. There may be various liable parties, victims are often seeking significant compensation, and the defense works hard to avoid accountability. 

These factors often raise questions in victims’ minds about just how long it will take for their lawyer to reach a settlement or obtain compensation in the courtroom. Our truck accident lawyers in Cleveland review the things that affect the length of a truck accident case, particularly those factors that can stretch the process out.

If you were injured in a commercial truck accident in Ohio, we may be able to help you pursue the compensation you need for your medical care and other damages. For more than 45 years, Friedman, Domiano & Smith has been helping motor vehicle/truck crash victims obtain compensation at no upfront cost.

Steps To Settle/Resolve a Truck Accident Case in Ohio

The legal process for an Ohio truck accident case involves several steps:

• Talking to the Insurance Company: Many truck crash victims talk to the insurance company before contacting a lawyer. This is not something we recommend, as insurance companies look to take advantage of crash victims to protect their bottom line. Insurers know how to keep the conversation going with the hope you will say something to hurt your credibility. If you have already communicated with the insurance company, you should immediately stop further communication to protect your case. If they made a settlement offer, you should not accept anything or sign anything until you take time to review it with a lawyer.
• Contacting a Lawyer to Represent You: Even though many truck crash victims wait to contact a lawyer, it is never too soon to contact one. The attorneys at Friedman, Domiano and Smith are committed to securing full compensation for your damages. In a free consultation, we can give you a detailed assessment of your claim and discuss how we may be able to guide you through the entire legal process. While many cases settle outside of Court, our attorneys have significant experience in the courtroom and are prepared to file a lawsuit if necessary.
• Investigating and Gathering Evidence: If we determine you have a case and you hire us, the next step is to investigate the crash and collect evidence to build a case. Evidence in a truck accident case includes the damaged vehicles, pictures from the scene, event data recorder from the commercial truck, witness statements, medical records and more. It may be necessary to retain experts, such as medical experts or experts trained in accident reconstruction. Their conclusions can fortify your case against arguments from the defense.
• Filing an Insurance Claim: This typically does not happen until the victim reaches maximum medical improvement. Your lawyer composes a demand letter outlining the amount of compensation you are seeking and what this compensation is for, such as medical bills and pain and suffering.
• Negotiation: It is highly unlikely the insurance company will agree to the terms of the demand letter. They are likely to make a counteroffer, which kicks off settlement negotiations. Both sides may make multiple offers before reaching agreement on the compensation amount.
• Filing a Lawsuit: As your case approaches the statute of limitations, your lawyer may recommend filing a lawsuit if the insurance company has not made a fair offer of compensation. However, the filing of a lawsuit does not mean a trial is imminent. There are many steps in between the filing of a lawsuit and a courtroom trial, such as discovery and alternative dispute resolution. These steps allow both sides to fully prepare for trial and potentially settle the case, so a trial will be unnecessary.
• Trial: If both sides cannot reach a settlement while preparing for a trial, the trial will happen. Both sides will make opening statements and present the case to a jury, which will decide if you should receive compensation and how much you should receive. One of the benefits of a trial is you could receive more compensation than you would have received from a settlement.

Factors That Could Extend the Duration of a Truck Crash Case

The duration of your truck accident case will depend on numerous factors. These are some of the things that could make the case take longer to reach a resolution, whether through a settlement or courtroom decision:

• Severity of Your Injuries: The more serious your injuries, the longer the case is likely to take. This is because you are likely to be seeking significant compensation, which means the trucking company and liable insurance company are going to fight extra hard to avoid paying out the compensation you are seeking. This can extend negotiations and make a trial more likely. Insurers may downplay the severity of your injuries to try to underpay your claim.
• Disputed Liability: Trucking companies and their insurers dispute liability for many truck crashes, whether they have good reasons to or not. The bottom line is, if they or other parties dispute their liability for the collision, the case is probably going to take longer to resolve.
• Multiple Parties Are Involved: Accidents involving several vehicles or liable parties can lead to disputes about who should pay out compensation and how much they should pay out.

How Can I Speed Up the Truck Accident Settlement Process?

While there is no way to predict how a case is going to go, there may be things you can do to potentially speed up the legal process:

Seek Medical Attention Immediately

Going to the hospital immediately helps connect your injuries to the accident. This helps make it harder for the insurance company to drag out disputes about the cause of your injuries.

Not seeking medical attention right away can allow your injuries to worsen, allowing the insurance company to claim you failed to mitigate your damages.

Consult with a Qualified Attorney Right Away

The sooner you talk to a lawyer the sooner he or she can get to work on your case. If you wait, it can take longer to collect evidence. It may be harder to collect some evidence because it could be altered or lost. This has the potential to drag out the legal process.

Have Questions About Your Truck Accident Case? Contact Friedman, Domiano and Smith

If you are dealing with the aftermath of a truck accident in Ohio and have questions about your case, speak with Friedman, Domiano and Smith. Our legal team has extensive experience handling truck accident cases and can provide the guidance and representation you need to navigate this challenging time.

There are no upfront fees to speak with us. We only get paid if we win your case and obtain compensation.