Question
How long will my trucking accident case take in California?
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Gerald Marcus - Personal Injury - General - Super Lawyers

Answered by: Gerald Marcus

Located in Calabasas, CAThe Law Offices of Gerald L. Marcus

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Answer

Commercial trucking accident claims are generally handled the same as motor vehicle accident claims. The average motor vehicle accident claim can take anywhere from six months to a year and a half to settle. However, a variety of factors determine how long it will take to settle your claim such as liability, medical treatment, legal issues and damages. 

Liability 

While some trucking accident cases are relatively straightforward, others require weeks of investigation and sometimes experts to determine liability. California’s shared fault laws can complicate the liability determination process. Various pieces of evidence will be used to establish liability, including medical records, witness statements, photographs and police reports. Collecting evidence can take anywhere from a couple of weeks to a couple of months. 

Medical Treatment And Extent Of Injuries 

Accidents involving large commercial vehicles often result in catastrophic injuries. These injuries may leave you temporarily or permanently disabled and require on-going medical care. The longer it takes you to reach maximum medical improvement, the longer the case will be. 

If you fail to seek medical attention or continue with treatment, you may experience a delay in your claim. 

Legal Issues 

There are various legal issues that can impact the length of the settlement process. Uninsured and underinsured motorists, liability determinations, insurance disputes, statutes of limitations and bad faith claims are a few examples of legal issues that can arise in trucking cases. If these issues exist in your case, it is of the utmost importance that you contact a skilled personal injury lawyer as soon as possible. 

Damages 

The level of damages you are requesting will impact the duration of your case. If you request a small number of damages, the insurance company may be eager to settle quickly. However, if there are a substantial amount of damages involved, adjusters may be unlikely to settle before conducting an investigation. 

Do Not Rush To Settle

Insurance companies may try to settle your case from the start. These settlement offers are often far less than you may be entitled to receive and rushing to settle may not be in your best interests. You only get one bite at the apple and, once your case is settled, it is over. The most important thing is receiving quality medical treatment and getting better. If you rush the process, you may not receive the future medical care and compensation you require.

Hire A Lawyer As Soon As Possible

Seasoned personal injury attorneys know what trucking accident cases are worth and can recognize fair settlement offers when they see them. Your lawyer can evaluate your case, gather evidence and negotiate for the amount you may be entitled to receive. In the event a lawsuit becomes necessary, they can represent you in court. Remember – your top priority should be recovery. Hiring an attorney can give you time to focus on your health.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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