Free consultation
chicago

How Long do Truck Accident Cases take to Settle in Illinois?

Posted on September 5, 2022

Anytime a person sustains an injury or property damage caused by the careless or negligent actions of a truck driver or trucking company, they should be able to recover compensation either through an insurance settlement or a personal injury lawsuit. However, individuals often wonder how long it will take for a truck accident case to settle in Illinois.

Examining the Timeframe of an Insurance Settlement

Most truck accident cases in Illinois will involve a settlement between the injury victim and insurance carriers for the trucking company or truck driver. Overall, the insurance settlement process will not take as long as the entire personal injury lawsuit process.

If the truck accident claim is relatively straightforward, then a settlement could happen within a few weeks to a few months after the incident occurs. However, due to the complexity of truck accident claims and the sheer amount of evidence that needs to be gathered, these claims will take longer to resolve than typical vehicle accident claims.

There are times when insurance carriers or trucking companies delay or deny the claim or refuse to pay a fair amount of compensation. In these cases, negotiations can drag out multiple months or even more than a year.

The Timeframe of a Personal Injury Lawsuit

In the event the insurance carrier or trucking company refuses to offer a fair settlement, it may be necessary for the truck accident victim to file a civil personal injury lawsuit against the at-fault party. This puts the case into the civil court system and usually means this will take longer for the case to resolve. Even though the case will not go directly to trial, it could still take more than a year or even multiple years for a truck accident lawsuit to settle or reach a jury verdict.

These claims usually start with the discovery process, which is when attorneys for both parties will exchange information and continue investigations. Negotiations may continue, particularly as more evidence comes to light. One side may decide to settle or drop the claim, depending on the evidence that is uncovered. If the case is not settled, a jury trial will need to be scheduled.

Working With an Attorney

Any individual who has sustained an injury or property damage caused by a truck accident needs to work with a skilled personal injury lawyer as soon as possible. Because of the complexity of truck accident claims, victims need to have an advocate by their side who has the resources necessary to investigate the claim, make sure they are evaluated by trusted economic and financial experts, and fully negotiate with other parties involved.

Your lawyer will be able to give you a rough estimate of how long it will take for a case to resolve. Every truck accident claim in Illinois is different, and the factors related to one particular case will not necessarily be the same as another case, even if the situations are similar. The lawyer will counsel you on the best route forward, which may not always be the quickest route forward towards the settlement.