Truck accident claims are never easy, and waiting on a settlement can feel like forever. Most accident victims are dealing with unexpected medical bills, lost wages, and other financial losses in addition to their physical and emotional suffering. One of the first questions that most victims naturally have is, “How long will it take to settle my claim?”
Most 18-wheeler accident claims in California take somewhere between 6 and 18 months to settle. However, some claims can take more than 24 months to resolve, especially if the injuries are catastrophic or there are disputes about liability.
Keep reading below to learn more about the factors that may influence your settlement timeline so that you can have realistic expectations from the start.
Why 18-Wheeler Accident Claims Are Unique
Unlike typical car accident claims, 18-wheeler accident claims can be much more complex. These claims often involve multiple defendants and both state and federal regulations. Victims also commonly suffer severe injuries in truck accidents. These are some of the reasons why truck accident claims are so complex and can take so long.
Some other factors that will affect your settlement timeline include:
- The length of your medical recovery
- The overall severity of your injuries
- Whether there are multiple defendants and insurance policies involved
- The willingness of the parties to negotiate
No two cases are the same, so every 18-wheeler accident claim must be evaluated based on its own factors and criteria.
How Does Maximum Medical Improvement (MMI) Affect My Settlement?
Most of the time, you should not expect to settle your case before you reach maximum medical improvement. Prior to reaching MMI, it is difficult to get a complete assessment of your future medical and employment outlook. Because of this, you cannot put an accurate value on your claim.
Some victims, especially those who suffer very serious injuries, may not reach MMI for many months. This is why your medical treatment often plays a large role in how long it will take to settle your case. This is precisely why cases involving severe injuries can take much longer to settle than those involving only minor injuries.
Liability Disputes Can Extend Your Settlement Timeline
Insurance companies are quick to blame accidents on anyone else besides their insured. When they dispute liability, it can take more time to gather evidence and prove your case.
Some of the parties who often share liability in truck accident cases are:
- The truck driver
- The trucking company
- Service or maintenance providers
- Third-party drivers
- Equipment manufacturers
- Cargo loaders
Often, the insurance companies of these various parties may dispute who is at fault. That can add more time to the settlement process.
Average Settlement Timelines
While every case is different and settlement timelines depend greatly on the facts, cases can be broken into a few different categories.
The time it takes to settle your claim depends on which general category your case falls into:
- Minor injuries and clear liability: Medical treatment is usually resolved within a few months, and a settlement is reached soon after treatment ends.
- Severe injuries with clear liability: Medical treatment for these claims will last longer, but they are typically resolved within a year.
- Claims requiring litigation: If you have to file a lawsuit and proceed to litigation, your claim is likely to take more than a year to resolve.
- Cases going to trial: Very few injury claims go all the way to trial, but those that do can take more than 2 years from the original filing date before the claim is fully resolved.
You should always keep in mind that the California statute of limitations still applies to your case. The deadline for filing a lawsuit is two years from the date of your accident in most cases, and failure to file before the deadline may bar you from recovering compensation.
Contact the California Truck Accident Lawyers at Mercado Kramer for a Free Consultation
If you need help after an 18-wheeler accident, our firm is ready to get to work for you. We will provide you with a free case evaluation and help you understand how long it may take to settle your claim. Call us today to get started.
For more information, please contact our experienced California truck accident attorneys at Mercado Kramer, for a free consultation. We have offices in Salinas and San Jose, CA, and we serve throughout Monterey County.
Mercado Kramer.
450 Lincoln Ave Ste. 102, Salinas, CA 93901
(888) 311 4050
