How long a truck accident claim takes to settle depends on numerous factors. Some cases settle relatively quickly, but others take months or even years. If our attorneys represent you in your New York truck collision case, we will help you understand the timelines and deadlines that apply to your claim. Some factors that could affect how long it takes to reach a settlement include:
- Whether the insurance company and liable party are willing to admit liability
- Allegations of comparative negligence, meaning they accuse you of contributing very significantly or even being the sole cause of the accident
- If there are other disputed facts of the case
- If the insurer is willing to agree to an appropriate value for the case
- If we need to take the case to trial and seek a court judgment
Understanding the Role of the Statute of Limitations in Truck Accident Cases
There is a statute of limitations on truck accident cases in New York, New York Civil Practice Laws & Rules (CVP) §214, that creates a deadline for filing a personal injury lawsuit in these cases. We generally try to reach an out-of-court settlement, provided the settlement is for an amount that appropriately compensates our client for the full level of damages they have suffered before this deadline arrives.
If the at-fault party’s insurer has refused to agree to an appropriate settlement, we may need to file a lawsuit in your case. If so, we will identify the appropriate court, prepare the documents, and litigate the case through the trial stage, if necessary. A trial would not be necessary if, at some point during the litigation process but before or even during trial but before a verdict, the carrier makes an acceptable offer. If a trial does take place we will present the evidence we will have gathered to the judge and jury and work to present the most compelling arguments possible on your behalf.
However, it also takes time to go through the legal process and get on the court’s docket. In most cases, going to court takes significantly longer than reaching a settlement with the insurer and securing a financial recovery via a liability insurance claim.
There Are Other Reasons to Act Quickly After a NYC Truck Accident
How long a truck accident claim takes to settle also depends on how long it takes us to investigate the collision, gather evidence, and develop a strong case. Investigations take time, and there are often delays. We must get started as soon as possible to access all available relevant evidence and build the best case to prove negligence and liability.
Some of the most important evidence in a truck accident case disappears quickly following an accident. We need to take steps to:
- Identify and interview witnesses as soon as possible
- Recover dash-cam or surveillance camera footage before it is recorded over
- Survey the scene before dramatic changes take place
- Preserve evidence possessed by the trucking company before they destroy it
Following a commercial vehicle collision, the driver’s employer often has a wealth of evidence that could prove negligence and show they are liable. We must take steps to safeguard and gain access to this evidence. Where indicated, we will draft a spoliation letter to legally protect it. This evidence could include:
- Information from any onboard computer
- The truck’s dash-cam video
- The driver’s rest logs
- The driver’s employee file and other relevant background information
- The damaged vehicle
- Records related to the truck’s maintenance, cargo, and operation
- Post-accident drug and alcohol test results
Friedman & Simon, L.L.P. Helps Truck Accident Victims Seek a Settlement in Their Case
If you choose us to represent you in your truck accident claim, we will:
- Keep you updated on your case
- Identify liable parties
- Communicate with all parties for you
- Gather evidence
- Determine a value for your case
We will use our network of experts to help us prove negligence, liability, and your current and future damages. This could include:
- Accident reconstruction specialists
- Medical experts
- Vocational rehabilitation specialists
- Lifecare planners
With their help, we will provide evidence to support the recovery of the following types of damages:
- Medical care and any related expenses
- Lost wages, benefits, and other income
- Reduced earning capacity
- Additional related expenses
- Pain and suffering and other intangible losses
- Wrongful death damages if you suffered the tragic loss of a loved one in the collision
Speak with a Team Member from Our Office Today for Free
Discuss your truck accident and injuries today with a team member from Friedman & Simon, L.L.P. We meet accident victims on Long Island or elsewhere in the New York metropolitan area and have staff who will speak with you in Spanish, Greek, Bengali, Tamil, or Kannada, if necessary.
Talk to a passionate advocate for the injured in New York today. Call Friedman & Simon, L.L.P. at (516) 932-0400. We represent truck accident victims based on contingency, meaning there are no upfront costs for you or your family.