Resolving a truck accident case in Ohio takes time. An experienced truck accident attorney can review your case and provide an educated estimate based on the details.
Ultimately, the complexity of the case will have a major bearing on how long it takes to resolve the matter. The more complicated the case is, the longer it may be before reaching a fair settlement or obtaining a trial award.
Colombo Law is a preeminent trucking accident injury firm. Have you been HURT BY A TRUCK?™ Our lawyers have the skills and experience to handle even the most complicated truck accident case in Ohio.
For a FREE case review, call 614-362-7000 today. Our truck accident lawyers serve clients throughout Ohio from our office in Columbus.
The Statute of Limitations
Before we delve into how long it may take to bring your truck accident case to a conclusion, it is very important to know that personal injury and wrongful death claims are subject to a strict time limit. The statute of limitations in Ohio is 2 years from the “cause of action” (usually the date of the accident).
If you were seriously injured or a loved one tragically died as a result of a truck accident, you have a maximum of 2 years to take legal action. Filing a lawsuit within this timeframe satisfies the statute of limitations.
Read More: How Long Do I Have to File a Truck Accident Lawsuit?
How Long Do Most Truck Accident Claims Take to Settle?
Most accident cases are resolved through a settlement agreement between the parties involved. How long it takes to settle a truck accident case in Ohio depends in large part on the complexity of the matter, as well as the willingness of the defendant(s) and insurance companies to negotiate in good faith.
Claims involving relatively minor injuries and damages may be settled in a matter of weeks. If the injuries are serious, someone died, and/or the damages are substantial, insurance companies are more likely to dig in their heels.
Sometimes an insurer will offer to settle your case quickly. In other instances, the insurance company may dispute liability for the truck accident or try to pay less than you deserve.
Rather than focusing on how long it takes to settle, the more important concern is obtaining fair compensation for your injuries and losses. A knowledgeable truck accident lawyer can evaluate any settlement offers and determine if they are in your best interest.
How Much Are Most Truck Accident Settlements?
Every truck accident case is different. As such, there is no one-size-fits-all settlement amount. Your attorney will consider the following when calculating a settlement:
- The severity of your injuries and their long-term outlook
- Medical expenses, now and in the future
- Damage to personal property
- Lost wages and loss of earning capacity
- Non-economic damages, including pain and suffering
- Whether you may be entitled to punitive damages
- The available insurance coverage and policy limits
Truck accidents often result in higher settlements because of the seriousness of the injuries and the extent of the damages suffered by victims. However, a favorable settlement is not guaranteed; you will need to prove that the defendants—including the truck driver, the trucking company, and possibly others—were responsible for the accident.
Read more: How to Prove Negligence in a Semi Truck Accident Case
Factors That Can Influence the Timeline of a Truck Accident Case in Ohio
Multiple factors can impact how long the case takes to resolve, as well as what legal actions are required to achieve the optimal outcome. Patience is key, as you only get one opportunity to pursue compensation after a truck accident.
Issues that may lead to delays in a truck accident case in Ohio include:
Catastrophic Injuries
A catastrophic injury can have long-term complications. You may require expensive medical treatment, lose the ability to work or live independently, and suffer significant physical and psychological challenges.
Examples of serious, life-altering injuries we often see in truck accidents include:
- Traumatic brain injuries
- Spinal cord injuries
- Burn injuries
- Complex bone fractures and orthopedic injuries
- Loss of a limb
Catastrophic injuries generally need to stabilize before damages can be accurately calculated. The effects of the injuries must also be fully documented. Both of these processes take time, and additional delays may occur if the defense disputes the seriousness of the injuries.
Lengthy Investigations
Investigating a truck accident is a complex process. Multiple parties are likely to conduct investigations, including the police and other authorities, the trucking company, one or more insurance companies, and attorneys for the plaintiff(s).
Any investigation into the accident will have two primary goals: 1). Establishing the cause of the accident and 2). Identifying who is at fault. Evidence that can help to establish these two key points includes:
- Witness testimony
- Photos of the accident scene
- Video footage of the accident (if available)
- Police reports
- Data from the truck’s black box
- The truck driver’s logbook
- Records from the trucking company
- Expert witness testimony
Your attorney will take time to perform a thorough investigation, and the other parties will do the same. Ultimately, the evidence needed to win your case may take awhile to collect.
Read More: Determining the Cause of a Tractor Trailer Accident
Complex Liability
Liability is a uniquely complicated issue in truck accident litigation. A truck accident case in Ohio may involve multiple defendants. It takes time to identify all of the defendants and prove their involvement in the crash.
Potential defendants in a truck accident claim include:
- The truck driver
- Freight carriers (i.e., the trucking company)
- The owner of the truck and/or the trailer
- Vehicle and parts manufacturers
- Companies responsible for repairing and maintaining the truck
- The company responsible for loading the truck
Read More: What Parties Could Be Liable for a Truck Accident?
It is also possible that the plaintiff may have contributed to the accident. While Ohio law does not bar recovery as long as the plaintiff bears less responsibility than the defendant(s), time-consuming disputes may arise when issues of comparative negligence are involved.
Settlement Negotiations
Dealing with multiple insurance companies is one of the most complicated aspects of a truck accident claim. No insurer wants to make a large payout, so the settlement negotiations will likely consist of multiple rounds of offers and counteroffers.
It is ultimately up to you whether to accept a settlement. The role of a truck accident lawyer is to negotiate on your behalf and advise you whether settling is in your best interest.
Negotiating a fair settlement can take months, especially if multiple parties are involved. Ultimately, it may be necessary to file a lawsuit—especially if the statute of limitations (2 years from the date of the accident) is approaching.
Read More: Can I Sue for Being Hit by a Semi Truck?
Litigation
Filing a lawsuit is relatively straightforward, especially if you are represented by a qualified attorney. Once the lawsuit is filed, though, it could be years before your case goes to trial.
Preparing for trial is an intensive process. The discovery process (where both parties exchange relevant information, evidence, and records) is often lengthy in complex cases. Pretrial motions may also push back the court date.
The court’s caseload is another factor in the scheduling of a trial. Cases will take longer to go to trial in a court with a busy docket.
For plaintiffs, waiting to go to trial can be frustrating. While it is possible that the case could settle at any point before courtroom proceedings begin (or even after), it is important to be prepared to wait for your truck accident case in Ohio to be resolved at trial. Your lawyer can counsel you during this uncertain time.
Get Help with Your Truck Accident Case
Colombo Law has unparalleled experience representing clients in truck accident claims. We have built a reputation as leaders in this challenging area of litigation, obtaining millions of dollars in verdicts and settlements for clients who have been injured and lost loved ones in truck accidents.
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Trucking companies and insurance companies know we mean business. When you hire Colombo Law, you will have a qualified advocate in your corner committed to resolving your truck accident case in Ohio through all available means—whether that’s a settlement or taking the matter to trial.
Unlike many firms, we prepare every case with the expectation that it will go to trial. We find that this leads to better outcomes for our clients, and can even hasten the process of reaching a resolution.
