Several different factors can influence the overall time it takes for a truck accident lawsuit to either settle or go to trial. No two cases possess identical facts, and some truck accident cases may be more complex than others, which is why it is generally recommended that you speak to a Memphis truck accident lawyer. For example, a truck accident case with multiple defendants will take a longer period of time to resolve than a truck accident case involving only one defendant.
The total number of legal claims asserted by the injured party will also determine how long it takes a truck accident case to settle or go to trial. It is necessary to think about these elements before you seek to determine an overall average timeline for truck accident lawsuits. All truck accident cases are unique, and it is difficult to estimate how long a particular case will take to resolve, but you can approximate the length of some cases by scrutinizing the facts.
Truck Accident Cases and Multiple Defendants
The majority of truck accident cases often involve multiple defendants. Injured victims not only file legal claims against the negligent truck driver, but they also name truck companies, leasing companies, and maintenance companies as defendants in civil lawsuits. It is, therefore, essential to focus on examining the facts of your case to determine which parties may be liable for your injuries.
Having multiple defendants in one civil lawsuit may cause delays during the discovery phase of litigation. Your 18-wheeler accident lawyer may submit interrogatories, requests for production, and requests for admission to opposing counsel regarding each individual named defendant. Therefore, it is important to make sure that you understand which parties have specific information regarding the truck accident and your injuries.
Determining which parties will be named in your case is a matter you need to discuss with your attorney. Many clients want to know how long a particular lawsuit will last, and unfortunately, it is impossible to determine how long it will be until a case is resolved through settlement negotiation or a civil judgment. Working through the details of your case with legal counsel can help you have an approximate idea of how long it will take to resolve your case.
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Navigating the Claims Process and Creating a Developing a Case Strategy
The claims process for truck accident cases can be longer or shorter depending on the facts and circumstances regarding the truck accident. It can be confusing for some individuals to assess how they should proceed with their truck accident claims. Speaking to an experienced attorney can provide you with the information you need to make the best decision regarding your legal claims.
It is imperative to understand all the legal options available to you before you make any important decisions regarding your truck accident case or your legal rights. Sometimes conflicting interests may necessitate that you choose one option over others as you begin to develop a strong case strategy. You need to investigate the truck accident case and determine what happened, which individual caused the truck accident, which entity may be liable, and the types of injuries you suffered during the truck accident.
It is necessary to collect a copy of the police report, all medical records, and other documents containing evidence that will help you prove your legal claims. Also, you need to determine if any surveillance footage recorded the truck accident. If no surveillance footage exists, then the truck involved in the accident may have dash cam footage of the truck accident.
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The Different Factors Which Affect a Truck Accident Timeline
Truck accident cases are unique because every case has a distinct fact pattern distinguishing it from all other cases. Some truck accident cases may be resolved in months; other truck accident cases may remain in active litigation for years. One of the primary elements that can make a truck accident case longer is if multiple plaintiffs and multiple defendants are involved in the truck accident.
In the majority of truck accident cases, multiple parties may be named as defendants. Truck drivers, truck companies, and leasing companies may all be liable for an accident victim’s injuries. However, it is a relatively small number of cases which involve multiple plaintiffs.
A truck accident timeline may be delayed if many different plaintiffs are represented by different attorneys. You may be involved in a class action lawsuit if you are injured with a group of other passengers. However, it is more likely that your truck accident case will involve only one plaintiff.
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Discovery, Mediation, and Trial
After a complaint is filed, the parties will engage in discovery. Once the discovery phase is complete, some cases will proceed to mediation or other forms of alternative dispute resolution. Finally, a small number of civil lawsuits go to trial. A trial may be before a judge or a jury.
Discovery is a phase during which both the plaintiff and defendant exchange information with one another. Mediation is an informal conference between the parties and a mediator who attempts to assist the parties in reaching a settlement agreement. Sometimes cases will also go through binding arbitration or non-binding arbitration.
Trial is a process that can last one day or multiple weeks. Bench trials are held before a judge and may be shorter than jury trials. A jury trial in federal court must be composed of at least six jurors.
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You may not know what to do after you suffer injuries during a truck accident. It is possible that you are unsure of what to do but that you are interested in learning how you can seek financial compensation for your injuries. If you would like to schedule a consultation, then contact us today.
Our attorneys can help you understand the legal options available to you, and we can answer the questions you have regarding the stages of a truck accident case. We have the experience, skill, and knowledge necessary to protect your legal interests. Reach out to us so we can help you with your truck accident case.