How Long Could My Virginia Truck Accident Case Take to Settle or Resolve?

It could take months or years to settle or resolve your Virginia truck accident case. How long it takes depends on your case’s complexity, the severity of your injuries, settlement negotiations with an at-fault party or their insurer, and other factors.

By working with Richmond truck accident attorneys, you have a better opportunity to achieve positive case results. Your lawyer will understand that it’s best not to rush the legal process. The first settlement offer you receive will likely fall short of what you could recover. Instead, your attorney should allocate sufficient time, energy, and resources to your case, explain your legal options in detail, and help you make informed legal decisions, regardless of how long it takes to settle or resolve your truck accident case.

How long does it take to settle a truck accident case in Virginia?

The time frame varies based on your case. While your truck accident lawyer can open settlement negotiations, the at-fault party or their insurer may choose not to make a fair offer. If they don’t want to cooperate, it may be a long time before your case settles.

It may be tempting to accept an early settlement – it makes sense that you would want to close your case. Yet, it is important to consider what can happen if you approve a lowball settlement.

If the settlement doesn’t cover your true losses, you will have to cover some or most of your accident-related expenses alone. Medical expenses from truck crashes can add up quickly. There’s also a good chance that you’ll continue to need medical attention or suffer other losses, like missed wages or lower income, well into the future.

Ultimately, severe harm like traumatic brain injuries after truck accidents will have both short- and long-term implications. And any decision you make on a settlement offer will be final. Instead of making a quick decision, allow your lawyer to continue to negotiate for you. If warranted, they can bring your case to trial and explain to the court why you should be awarded economic and non-economic damages.

How long does it take to resolve a truck accident lawsuit in Virginia?

Your personal injury attorney may help the legal process move along by gathering a wealth of evidence to support your argument. With enough evidence that a truck driver, trucking company, or another party is liable for your collision, the insurers and opposing attorneys may be more inclined to make a reasonable settlement offer. Examples of evidence used in truck accident lawsuits can include:

• Accident scene photos and videos
• Witness statements
• Medical records
• Truck black box data
• Truck driver logs
• Truck maintenance records
• Dashcam footage

With more evidence, you can put yourself in a stronger position to achieve your desired case results. Rather than risking a loss at trial, the defendant may offer a favorable settlement.

What factors can impact how long it takes to settle or resolve a truck accident case?

Every truck crash is different, but some factors that could prolong your case include:

The liable party

Identifying the at-fault party can be difficult. In multi-vehicle accidents with devastating consequences, one or more parties can be at fault. Thus, the insurance companies of those involved in your accident may have to commit substantial time and resources to find out who is liable. This can slow down the insurance claims process.

Even if someone else is responsible for your crash, their insurer can dispute your claim. Thankfully, your lawyer can assist you by negotiating with the insurer and, if warranted, moving forward with an injury lawsuit on your behalf.

Federal Motor Carrier Safety Administration (FMCSA) investigation

FMCSA safety investigators could review your accident. They will do so if they have reason to believe that a truck driver or their employer violated federal laws.

For example, FMCSA has hours of service (HOS) regulations that limit the number of consecutive hours that a trucker can drive. If the truck driver involved in your accident did not follow these regulations, they can be held accountable for your crash. Also, this individual or their employer may be subject to federal penalties.

FMCSA safety investigators may spend time learning about your accident. If they discover the truck driver or their trucking company was negligent, you could obtain additional evidence to strengthen your case.

Your losses

Your truck accident can leave you with severe injuries that require long-term care. You can request compensation that includes:

• Medical bills
• Lost wages
• Pain and suffering
• Loss of consortium
• Loss of enjoyment
• Auto repair or replacement charges

The greater your losses, the more time it may take to gather all of the relevant information, to truly assess your medical needs, and to build a compelling claim. Additionally, the more significant your damages, the more likely the defendant and their representatives are to deny liability claims and to challenge your reported losses. This can prolong the case.

The best way to encourage the case to move forward is to speak to an attorney right away. Acting quickly is also important because the Code of Virginia § 8.01-243 gives you just two years from the date of a truck collision to seek compensation from a liable party.

Get legal help from a Virginia truck accident lawyer

It is tough to predict how much time it will take to settle or resolve your Virginia truck accident case. However, the sooner you get started, the quicker you’ll reach a resolution. Phelan Petty Injury Lawyers offers professional legal representation to Virginia truck accident victims and their families. We are committed to every case we take and fight to get you the compensation you deserve from any liable parties. Contact us for a free case evaluation.