You’ve been in a truck accident. You’re doing your best to recover from your injuries, but stress is making it difficult. The medical bills and time off from work are putting a massive strain on your family’s finances. Plus, your vehicle was totaled. You’re pretty sure you have a case for compensation, but how long will it take to get the money you deserve?
Every single truck accident case is different. However, they all follow a similar timeline. The biggest differences occur during key steps of the process.
A Strong Case Is Better Than a Quick Case
Negotiations with insurance companies can take quite a while, especially if they are trying to deny liability or deny coverage of certain losses. If your case goes to court, then there will be delays until the trial starts as various motions are filed.
Once the trial begins, there may still yet be petitions to delay certain events, bar certain evidence from being admitted, and other legal actions taken.
Needless to say, you cannot predict how long your truck accident case will take to resolve, especially if it turns into a lawsuit. However, insurers are more likely to settle when they feel the case against them is strong.
When you work with Steinger, Greene & Feiner, your Miami truck accident lawyer will help you build a strong case and back it up with evidence. Every step of the way, they will keep you informed of your case’s progress and the legal options you have at your disposal.
Call us today at (800) 801-6850 or contact us online to schedule a free, no-obligation case review regarding your possible truck accident injury claim.
Once your case is started, you can examine the following factors to predict how long the case might take to settle.
Overall Claim Value
The larger your claimed damages, the more likely an insurer is to delay, deny, and discourage. If a multimillion-dollar injury settlement is on the line, a common strategy is to throw every single possible defense and legal motion at the wall to see what sticks.
Some insurers hope they can pressure a plaintiff to settle simply by dragging out the process for as long as possible. Others will turn the case into a matter of interpretation of obscure rules, banking on obtaining an appeal where a higher court can overturn an earlier decision.
At Steinger, Greene & Feiner, we know the common tactics insurers use to obfuscate a claim and reduce its value. We refuse to be intimidated into requesting a lower claim or accepting an unfair settlement simply because there is a risk of delays. Instead, we meet the challenge head-on, fighting every single motion and building the strongest case possible to discourage appeals.
This strategy dramatically reduces the chances that our clients will be left on the hook to pay for their losses out of pocket. It also serves to shorten the case timeline by preventing efforts to delay the matter any further than necessary.
Using the legal doctrine of negligence, your Miami truck accident lawyer will attempt to establish a clear cause-and-effect relationship between the at-fault party’s actions and the victim’s injuries. They will also use the exact language of the policy and relevant state/federal laws to show that the defendant is expected to cover the losses.
Even with this work, some cases may be murkier than others. For instance, a trucking company could argue that the victim was the one who was really at fault, or they could try to claim that the truck driver was not an employee .
Cases with unclear liability require lengthier investigation, and they may require more litigation to come to a legal conclusion. By comparison, when liability is clear, the law expects insurers to pay for all claimed losses in a reasonable timeframe. Otherwise, they could be accused of acting in bad faith.
Evidence is the clincher in a majority of tough truck accident cases. It can make fault irrefutable because of the overwhelming presence of documented proof.
For example, if a truck driver was drowsy at the time of the collision, a truck accident lawyer in Miami can research whether the driver was following mandated hours of service rules. Better yet, the attorney can research whether the employer made regular efforts to follow these rules, maintain logs, and avoid situations where they pressure sleepy drivers into hauling.
How Long It Takes You to Recover
Your medical bills can be impossible to predict while you are still in the early stages of recovery. For example, you may need emergency surgery, or questions about regaining full mobility could be left up in the air.
No one wants to delay a claim any longer than necessary, but sometimes it can be prudent to wait until your prognosis is clearer. That way, you won’t end up agreeing to a settlement only to find out later that future treatments will be much more expensive than the amount you claimed.
Whether the Case Turns Into a Lawsuit
Filing a lawsuit against a trucking company, insurance carrier, or other defendants may be considered necessary if your truck accident lawyer in Miami thinks that a reasonable settlement offer is unlikely. Taking civil action shows that you mean business, and some cases may ultimately come down to a jury decision.
Some defendants will feel pressured to settle once the legal process starts, especially as a trial date nears. They may be more willing to return to the negotiation table and concede that some of their defenses aren’t workable.
If the case goes to trial, the overall process can be quite lengthy. Some litigated claims can take years to fully settle. However, this outcome is still preferable to agreeing to a binding settlement, which prevents the injury victim from seeking any further compensation for their accident losses.
Work with Miami Truck Accident Lawyers Who Will Fight for You
Steinger, Greene & Feiner have experience handling major truck accident cases. Our resume includes multimillion-dollar jury verdicts for truck accidents, so defendants know that they have their work cut out for them should they decide to go to trial.
Call us today at (800) 801-6850 or contact us online. You’ll learn exactly what we can do to help resolve your case in a reasonable timeframe without leaving you to pay for your own losses.
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