How Long Do Truck Accident Settlements Take?
Despite sharing a border, Missouri and Illinois have different laws regarding truck accident settlements, which can significantly impact the outcome of a case. Knowing the basics about these laws can help you better navigate the aftermath of a truck accident in either state.
Factors Affecting All Truck Accident Settlement Timelines
Some elements of the legal response to an accident are necessary no matter which state it happened in.
One major factor impacting the timeline is the severity of the accident and resulting injuries. More severe accidents typically require more extensive medical evaluations and treatments, which can prolong the settlement process, as it’s crucial to reach the maximum possible level of healing before a settlement.
The case’s complexity also plays a significant role. For instance, if multiple vehicles were involved, or there was a complex web of liability, it can take longer to sort out the details. The truck driver may have been fatigued, the cargo loaded improperly in a way that unbalanced the vehicle and contributed to the accident, or the operator may have failed to properly maintain the vehicle.
Additionally, insurance companies often conduct parallel investigations to assess injury claims, potentially adding time to the process.
Missouri Truck Accident Laws and Timeline
In Missouri, the statute of limitations for filing a personal injury claim is five years from the date of the accident. Once a claim is filed, the investigation phase begins, involving evidence collection, witness interviews, and damage assessments. Depending on the case’s complexity and the type of truck accident that happened, this phase can take several months to over a year.
Missouri follows a “pure comparative fault” rule, meaning that you can still recover damages even if you are partially at fault for the accident. However, your compensation will be reduced by the percentage of your fault. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%. This system allows for a fair distribution of fault and encourages settlements, as both parties understand that some compensation is likely, even if they are partially to blame.
After the investigation, the negotiation phase starts, where the injured party’s attorney and the insurance company attempt to settle. A settlement can be reached within a few months if negotiations are successful. However, if a settlement cannot be agreed upon, the case may go to trial, extending the timeline significantly.
Illinois Truck Accident Laws and Timeline
In Illinois, the statute of limitations for filing a personal injury claim is two years from the date of the accident. This shorter timeframe requires prompt action to ensure all legal requirements are met before the deadline. As in Missouri, the investigation phase in Illinois involves gathering evidence, interviewing witnesses, and assessing damages. This period can last several months based on the case’s specifics.
Illinois follows a “modified comparative fault” rule with a 51% threshold. This approach means that you can recover damages only if you are less than 51% at fault for the accident. If you are 51% or more at fault, you cannot recover any compensation. This rule emphasizes the importance of clearly establishing the other party’s fault to maximize your potential settlement. The modified comparative fault system can sometimes lead to longer settlement negotiations as each party tries to minimize their percentage of fault.
The negotiation phase commences after the investigation, where the injured party’s attorney and the insurance company work to reach a settlement. This phase can take a few months, but if an agreement is not reached, the case may proceed to trial, further extending the timeline. Having an experienced truck accident attorney in Belleville, Illinois is crucial, as they can help expedite the process and ensure that all legal deadlines and requirements are met, aiming for a timely and fair settlement.
The Role of a Truck Accident Attorney
Hiring a truck accident attorney is crucial for navigating the complexities of a truck accident settlement. An experienced attorney understands state-specific laws and can effectively manage the legal process, ensuring all necessary paperwork is filed correctly and on time. They can expedite the investigation phase by efficiently gathering evidence, interviewing witnesses, and assessing damages. During negotiations, an attorney advocates for the best possible settlement, using their knowledge and expertise to counter insurance company tactics aimed at minimizing payouts. Additionally, if the case proceeds to trial, having a skilled attorney is vital for presenting a strong case in court.
Steps to Take After a Truck Accident
Taking immediate and appropriate actions following a truck accident is crucial for ensuring your safety, protecting your legal rights, and helping to facilitate a timely settlement.
1. Seek medical attention. The first step is to ensure everyone’s safety and call 911 no matter how minor they may seem. Prompt medical evaluation is essential for health reasons and documenting injuries related to the accident.
2. Document the accident scene thoroughly. If possible, take photographs of the vehicles involved, road conditions, and any visible injuries. Collect contact information from witnesses and the other driver, including their insurance details.
3. Report the accident to local authorities. Having a police report will serve as official documentation critical for your case.
4. Keep detailed records of medical treatments. All medical expenses and correspondence with insurance companies may become vital pieces of evidence in your case, and having them on hand when needed can greatly expedite your case.
5. Contact a truck accident attorney as soon as possible. An attorney can provide guidance on the next steps, help preserve evidence, and ensure that your rights are protected throughout the process. They can also handle communications with insurance companies, allowing you to focus on recovery. Acting swiftly and methodically after a truck accident can significantly impact the outcome of your settlement and ensure you receive the compensation you deserve.
How Hipskind and McAninch Help with Truck Accident Settlements
Truck accidents can be life-changing, but if you don’t get the right representation, there’s a chance you may never be made whole. At Hipskind and McAninch, we’ve helped tons of people receive the maximum compensation they’re owed in the wake of an accident with a truck so they can get their lives back on track. If you’ve been in an accident, don’t know what to do next, or have a case and need an impartial review, contact us today for a free, no-obligation consultation.
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