Truck accidents can be overwhelming for victims, with their physical safety, mental wellbeing, and property often sustaining damage. Receiving the compensation you deserve is critical following an accident so that you can return to the life you once lived.
So, how long does a truck accident lawsuit take to settle? The period your truck accident lawsuit takes will depend largely on several factors, including your willingness to negotiate with the other party, the intricacies of the case, whether the case goes to trial, and how busy the court system is.
For this to happen, it’s important to hire the right truck accident attorney in Virginia Beach. Secondly, you need to understand the entire process of filing a successful truck accident claim.
What to Expect in a Truck Accident Lawsuit
Generally, a truck accident litigation process can take anywhere between several months and a couple of years to resolve depending on the factors indicated above. Here’s a detailed breakdown of the steps involved in truck accident lawsuits and the expected duration of each stage:
Investigations and Pre-Filing Stage
This phase usually takes a few months, during which your attorney investigates the accident. The investigation involves talking to eyewitnesses and experts, as well as re-examining the scene of the accident to gather evidence. All of these steps are intended to determine the level of liability and the appropriate reimbursement amount.
You must hire the right lawyer who understands the process of gathering useful evidence without jeopardizing your lawsuit. They must have the expertise to identify credible witnesses and interview them to get as much usable information as possible. Your truck accident lawyer will advise you on when to file a lawsuit after gathering enough evidence.
Ask your attorney as many questions as possible about your case before you file it. For instance, you have to determine who’s liable for the accident. Wondering if you can sue a trucking company for a truck accident? This varies case-by-case, and the right attorney will know the answer for yours.
Filing Stage
Filing a truck accident claim should only happen if you have a strong case and air-tight evidence. This process usually takes a few days or several weeks, depending on the other party’s willingness to negotiate and reach an out-of-court settlement. Start by serving the other party with a damages demand letter.
In most instances, the other party will negotiate with you through their vehicle insurance company. They may also be represented by an attorney. If they accept the demand letter, you may begin negotiations for a settlement.
These negotiations can take a few weeks or months, depending on the complexity of the situation. If the other party denies liability or you don’t agree on a settlement, you may proceed to file a lawsuit.
Discovery Phase
This stage involves exchanging information and evidence with the other party. Your attorney should review all the evidence to determine if there’s anything that might jeopardize your case.
Reviewing the evidence can take several weeks or months, depending on the volume of the evidence and the complexity of the case. Sometimes, the other party might request more time to put their evidence together, which prolongs the process.
Trial Preparation Stage
The success of your truck accident case depends on your trial preparation. Your attorney will help you and the witnesses in your case to present your case and answer questions correctly.
Trial preparation also involves filing motions and ensuring that all other pre-trial issues have been handled. This stage can last several months, depending on the intricacies of the case.
Trial Phase
The duration of a truck accident trial can vary depending on the legal issues involved, the number of witnesses, and the backlog of urgent cases in the court system. A truck accident trial can take a few days, weeks, months, or even years.
Appeal Stage
If one party is dissatisfied with the ruling, they can decide to appeal. This process adds months or even years to the timeline.
Closing Thoughts
While this timeline is somewhat extensive, it’s important to note the length of your case will vary depending on the details involved. Looking for concrete answers or a legal representative to guide you through the process? Contact Coastal Virginia Law today for expert insights on your truck accident case!