Those asking, "How long does it take to settle an 18-wheeler accident in California?" should understand the factors that impact settlement timelines.
In California, the truck accident settlement timeline can vary from six to 18 months, depending on the circumstances of the incident. For those hurt in an accident, working with a truck accident lawyer may make it easier to navigate the recovery process.
These lawyers can help injured parties understand their legal options and guide them through processes such as insurance claims and settlement negotiations to seek compensation where appropriate.
Calculating the Length of an 18-Wheeler Accident
The timeline for commercial vehicle accident resolution depends on factors such as:
- The extent of the victim’s injuries and the length of their treatment
- The time spent collecting evidence, including expert testimonials, may take longer to gather
- Whether the insurance company is facing a high-volume period with an abundance of open claims
- Negotiation timelines and ease of settlement
An experienced attorney may make the process less stressful and help injured parties follow all legal guidelines to avoid delays.
What Is the Process of an 18-Wheeler Accident Claim?
It is important for those injured in a commercial truck accident to understand the legal process of these cases to manage their timeline expectations.
Claim Filing
The first step is to file a claim with the truck driver’s insurance company or any other parties who may be responsible for the crash. In accidents involving malfunctions of commercial trucks, the manufacturer or maintenance provider may also be liable for a claim.
Investigation
The insurance company and the victim’s legal team will investigate the accident’s potential causes and the resulting damages, a lengthy process. Evidence that both teams might investigate includes police reports, witness statements, truck driver logs, pictures or videos from the accident, and medical records.
Attorneys may call upon experts such as accident reconstructionists to provide greater insight into the incident.
Ongoing Medical Treatment
Trucking accidents may lead to severe injuries, which can make the treatment timeline lengthy. The settlement timeline may be slower if it takes the victim a significant amount of time to reach maximum medical improvement (MMI). It may be difficult to assess damages accurately before this point, which can take months.
Demand and Negotiation
Once they have obtained all necessary evidence, the victim’s attorney can submit a demand letter to the truck driver’s insurance company. The letter will detail all compensation requested for damages, such as medical expenses, lost wages, and wrongful death. The insurance adjustor and personal injury lawyer can then negotiate the sum.
Settlement
If the parties involved in the negotiations reach an agreement, the attorneys can draft official documents stating the terms of the settlement. After the settlement, the insurance company can distribute funds to the applicable parties, though processing delays may extend the disbursement timeline.
Consult The Law Office of Elliott Kanter
The Law Office of Elliott Kanter offers legal counsel to those involved in 18-wheeler accidents. Those injured in an accident can consult the office to better understand their legal options after the incident and, if necessary, get assistance with pursuing the appropriate compensation. Elliott Kanter’s legal team can make the recovery process easier to navigate by assisting with claims filing and settlement negotiations and diligently advocating for their clients while ensuring they are informed and supported throughout the process.
Those wondering, "How long does it take to settle an 18-wheeler accident in California?" may need to pursue legal assistance soon after an accident to avoid an expired statute of limitations. To schedule a consultation, call 619-231-1883 or visit the online contact page.