Kansas City has a diverse history and culture, and it is home to an active transport network with big roads and truck routes. Trucks play an important role in trade, but a collision involving trucks can be utterly ruinous. The question is, how long would it take for a truck accident claim to be settled in Kansas City?
Truck accident claims are complicated compared to motor vehicle accidents, owing to the vehicular size and severe regulations covering commercial vehicles. Settlement timelines can depend on factors such as crash details, the level of injury, and the action of the insurance company. The settlement process is examined by the Kansas City truck accident lawyer to handle such claims. This blog will guide you to know the time period to settle a truck accident claim.
The Factors Affecting the Timeline for Settlement
The duration of time it will take to resolve a truck accident claim in Kansas City varies based on a number of factors. No two wrecks are alike and the legal process is subject to variation based on the severity of injuries and how soon all concerned parties can agree. Here is a summary of the important factors that influence the duration of time it may take.
- Severity of the Injuries
If the truck accident resulted in serious injuries such as traumatic brain injuries, spinal cord injuries, or permanent disabilities, the settlement process will be longer. This is because your Kansas City truck accident attorney will have to make sure that all medical expenses and non-economic damages such as pain and suffering are well-documented. A careful and precise evaluation of the long-term effect of such injuries is important to get a reasonable compensation, and it may take time.
- Determining Liability
Liability in a truck accident will be complex in a typical car accident lawsuit. There may be several fault parties, which include the truck driver, the trucking firm, vehicle manufacturers, or even third parties who did maintenance or loading of the freight. It may take a long time to determine the cause of the accident and who is responsible, particularly when commercial trucking laws and accident reports must be examined. Your Kansas City truck accident attorney will have to take time to collect all evidence and consult with accident reconstruction specialists to determine liability.
- Insurance Company Negotiations
Insurance companies are key players in settling any accident claim, and they can be very stubborn when it comes to trucking accidents. Commercial trucking policies have higher limits than auto policies, and insurance companies might defend their policyholders aggressively. They will try to keep the settlement offer low, which can prolong the negotiation process. But a skilled Kansas City truck accident attorney can guide you through these negotiations.
- Litigation or Settlement
It is likely that some truck accident claims are settled out of court, and others will require litigation. If the insurance company refuses to make a fair settlement or denies liability, your Kansas City truck accident lawyer may recommend filing a lawsuit. Litigation will take much longer, as it may take months or even years to reach a resolution in the courts. However, the majority of truck accident claims are eventually settled by negotiation or mediation before trial.
Typical Timeline for a Truck Accident Claim in Kansas City
Generally, the process of settling a truck accident claim in Kansas City can range from months to years. Here is a rough estimate of what the timeline could be like
- Initial Investigation and Claim Filing (1-3 Months)
Your Kansas City truck accident attorney will start collecting evidence such as medical records and trucking company records once the accident has taken place. This is when they will inform the insurance companies of the claim. This can take a few weeks to a few months, depending on the complexity of the case.
- Negotiations (3-6 Months)
Once the claim is filed, negotiations with the insurance companies begin. During this phase, your lawyer may negotiate with the trucking company’s insurer to try and reach a fair settlement. If both parties agree, the case may be settled within a few months. However, if there’s a dispute or if the insurance company offers an insufficient settlement, negotiations can drag on.
- Litigation (6 Months to Several Years)
If the lawsuit does proceed to court, it can take a long time. Discovery, depositions, and pre-trial motions all consume time, and the court calendar will add delay to the process. Litigation is normally a last resort, but in certain situations, it will be required to achieve complete and fair compensation.
- Final Settlement or Trial Outcome (Varies)
Once a settlement is reached, whether through a settlement agreement or a trial, the ultimate settlement or trial result will be processed. If the case proceeds to trial, this can take years, although the majority of cases are settled prior to that.
Final Words
While Kansas City does not have a set time limit for a truck accident claim, understanding the important aspects influencing the process will be able to guide you effectively through your claim. A competent Kansas City truck accident lawyer can guarantee that your rights are protected and that you receive the compensation you deserve. Either by settlement or through litigation, the secret to receiving a fair outcome for your truck accident case is having an appropriate attorney.
FAQs
How quickly can a truck accident claim in Kansas City be solved?
It can take a couple of months or more, depending on the type of the case and the gravity of the injuries.
What are the primary factors that affect the timeline of a truck accident claim settlement?
They involve the severity of the injuries and the complexity of the liability and insurance negotiations.
How do I hasten the process of settlement using a Kansas City truck accident lawyer?
A lawyer can expedite the process through thorough investigation, accurate valuation of damages, negotiation with the insurers, and handling of litigation.
Should I settle for a trucking company’s insurance company settlement offer?
You must consult a Kansas City truck accident lawyer before accepting any settlement offer since insurers tend to pay less than you are entitled to.
