How long it will take to resolve your truck accident case depends on many factors. It could take a few months if the investigation is quick, or it could take years if multiple parties are involved. However, there are certain things an Ohio truck accident lawyer from our firm can do to help your case along.
During a free case review, a member of our team can tell you more about what we can do for your case.
Why Is my Truck Accident Case Taking So Long?
One of the main time-consuming processes in resolving a truck accident case is the investigation. An investigation can take a number of weeks or longer and delay a case’s resolution.
To investigate your personal injury case, a lawyer from our firm will look into who may be liable for your truck accident. If the truck driver was an employee of a trucking company, then that company may be liable. However, another party or multiple parties may have been involved in the accident. Some other potentially liable parties include:
- Cargo and cargo packing companies
- Truck and truck parts manufacturers
- Shipping and logistics companies
- Staffing companies
- The company maintaining the truck
With this many (and several more) possible responsible parties, these cases can get complicated. In addition, it’s a multi-step process to prove that the negligence of one or more of these parties makes them liable.
Determining Negligence and Liability
To determine liability, your lawyer will have to find evidence of negligence. Some places this evidence could be found include:
- The police report
- Medical records
- Black box records
- Forensic accident reports
- The truck driver’s log book
- Toxicology reports
- Witness testimony
This list is not comprehensive. Especially if multiple parties are liable, evidence can come in many different forms. A truck accident lawyer can root out even unlikely sources of evidence to strengthen your case. They may also be able to get access to key evidence faster and easier than you could on your own.
Your lawyer can also hire experts for your case. These experts, like truck accident reconstructionists, may be able to assist with the investigation. As expert witnesses, they can evaluate any mechanical failures the truck experienced before the accident and other potential causes.
There are many kinds of expert witnesses, but a common witness in truck accident cases is the injured person’s primary care physician. Someone familiar with your health can provide an accurate portrayal of your health before and after the accident.
Sending a Spoliation Letter to the Trucking Company
Unfortunately, without the threat of consequence, trucking companies may be tempted to dispose of evidence that could make them or their driver seem responsible for the accident. Your lawyer can send what is called a spoliation letter to prevent this kind of tampering and protect valuable or time-sensitive evidence.
For a free legal consultation, call (614) 538-1116
How Long Will It Take to Negotiate My Truck Accident Settlement?
Negotiations with insurance companies can take weeks or longer, especially if the company is fighting against what we believe to be a fair settlement.
Major and national trucking companies have large insurance companies protecting them. These insurers have a lot of resources and time to refute truck accident claims. Because of this, it can take some time to negotiate with them and settle a case.
Threatening to Take the Other Party to Court
In your case, your lawyer will have many methods of persuading the other party to settle. For instance, your lawyer can threaten to take them to court if they don’t negotiate in good faith. The threat of a lawsuit may be enough to convince the other party to cooperate, as extending legal procedures can be costly for big companies to maintain long-term.
Filing a Lawsuit May Take Additional Time
Sometimes, negotiations don’t work out. However, a lawyer can follow through on a threat by taking the other party to court. Court proceedings can take months, but they may lead to a more favorable verdict than the initial settlement offer. Some of the more complex truck accident cases may require multiple hearings before they can reach a verdict.
You Must Meet the Deadline for a Potential Lawsuit
Your lawyer can help you meet the filing deadline for a personal injury lawsuit in Ohio. This deadline is generally two years from the date of an accident, according to Ohio Revised Code Section 2305.10.
What Can I Do to Help My Truck Accident Case?
Hiring an attorney can take the burden of filing and proving liability off your shoulders. However, you can take other steps to help your case:
- Keep track of your medical records.
- Carefully log your expenses.
- Hang onto your receipts.
- Keep records of communication.
- Write down your own testimony, as time can weaken your memory.
- Document lost wages, disability pay, or time off of work
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Contact Bressman Law for a Free Case Evaluation
Your case could resolve over several months, but there’s a lot one of our Ohio truck accident attorneys can do to help you in the meantime. We can tell you more during a free initial consultation with a member of our team. During your consultation, we’ll review your case with you. Once we take your case, you won’t have to pay a dime unless we win.
Contact Bressman Law today for your free case review.