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Victims of large commercial truck accidents often sustain severe injuries and incur major expenses. Any commercial truck crash in California caused by the actions of a truck driver trucking company has to be fully investigated so that those involved can recover the compensation they are entitled to. If it is determined that a truck crash was caused by the actions of a truck driver or trucking company, crash victims should be able to recover compensation for their losses. However, these claims can take some time to resolve. Here, our personal injury lawyers in Orange County discuss how long it will take for a typical semi-truck crash claim to reach a conclusion in California.
The first thing we should look at when determining how long it will take a semi-truck crash claim to settle in California is how the case is handled. The vast majority of truck accident claims are going to be resolved through settlements with insurance carriers before a personal injury lawsuit becomes necessary.
However, this does not mean that the case will be easy sailing the entire way. Insurance carriers and legal teams will get involved when it comes to determining an insurance settlement payout. The last thing that an insurance carrier or trucking company wants is for a major payout to occur. There will be extensive negotiations between the insurance carriers and the injury victim in these situations. Often, an insurance carrier will offer an incredibly low settlement in the hopes that the victim will want to take it to end the case. However, initial settlement offers are typically far below what the injury victim should be receiving.
It is not uncommon for insurance settlement negotiations to go back and forth for months or up to a year before a claim is resolved. In the event an insurance carrier or trucking company refuses to offer a fair settlement, or if they deny a claim, it will be necessary for an injury victim to file a personal injury lawsuit in order to recover the compensation they are entitled to.
First, it is important to point out that the California personal injury statute of limitations is two years from the date an injury occurs. If a truck accident victim fails to file a lawsuit against the alleged negligent party, they will not be able to recover any compensation for their losses.
If it becomes necessary for a truck crash victim to file a personal injury lawsuit, this can significantly increase the amount of time that it takes for a case to be resolved. Lawsuits will enter the discovery phase of the civil court system, which means that attorneys for the injury victim (plaintiff) and the trucking company (defendant) will exchange information. There will also be continued investigations into the incident as well as continued back and forth negotiations to try and reach a settlement before the case goes all the way to a jury.
Most personal injury claims are resolved before they go to a jury trial. However, this process can take years to resolve.
If you or somebody you care about has been injured as a result of the negligent actions of a truck driver or trucking company, reach out to an attorney as soon as possible. A truck accident lawyer in Orange County can get involved in the case and handle every aspect of the claim on your behalf, including all negotiations with other parties involved.