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Truck Accident Settlements in St. Louis
Truck accidents are inherently dangerous and cause more debilitating injuries when compared to other automobile accidents. An accident involving trucks can result in significant property damage and substantial medical expenses. Therefore, it is understandable that truck accident victims wonder how long their personal injury claim will take to settle.
There is no straight answer to this. Though all truck accident cases are different and cause different degrees of damage, certain aspects can be examined to understand how personal injury claims related to a truck accident work.
Truck Accident Settlement Process
Generally, a truck crash settlement involves the following steps:
Investigation
The first step in the aftermath of a truck or tractor trailer accident is investigating how the accident occurred. A police accident report is made, which contains details of the accident scene, such as the name of the truck driver, details of both the vehicles involved, the cause of the accident, and witness names, if any.
Evidence Collection
It is vital to gather evidence as quickly as possible. With the help of a truck accident attorney, the victim can quickly do so. It involves looking at the medical bills and medical records, police reports, witness statements, truck maintenance reports, records from electronic logging devices, photos from the scene, traffic camera footage, testimonies from professionals, and other relevant records that can be recovered from the trucking companies.
Fault Determination
This is one of the most complicated steps in commercial vehicle accidents. A single party may be responsible, or multiple parties’ faults may have contributed to the accident. Once fault is determined, it is at this stage the victim finds out who to recover compensation from.
Pursuing a Claim
The liable party’s insurance carrier will be required to pay compensation to the victim of the commercial truck accident. The Federal Motor Carrier Safety Administration mandates motor carriers to have a certain amount of liability insurance coverage. The coverage provided by the at-fault party’s liability insurance may sometimes be lesser than the compensation required to cover all the damages.
Settlement Negotiation/Filing a Lawsuit
Insurance settlements may take weeks or even months. Negotiations with insurance companies are tough, and they generally deny liability or offer lower-than-fair settlement amounts.
If the parties do not agree upon a settlement amount, a lawsuit will be filed and the case will proceed to trial. With the help of a St. Louis truck accident lawyer, the victim can recover the rightful compensation they deserve.
How Long Does an Accident Claim Take to Pay Out?
While there is no fixed time within which the insurance adjuster is required to pay out, certain factors may impact the timeline. The following factors may impact how quickly or not a truck accident claim may get resolved:
Evidence Available
An accident claim may be resolved faster if clear and strong evidence is available. In such cases, the insurance company generally pays out without denying liability. This is because when the other party’s fault is clear, the insurance company will not refuse to pay the settlement amount. Otherwise, the case may proceed as a personal injury lawsuit in the court, incurring extra costs for them.
However, the insurance claim may take longer to settle if there is a lack of clear evidence and multiple parties are involved in shifting the blame.
Number of At-Fault Parties
Truck accidents can have multiple at-fault parties, including the truck driver, trucking company, truck parts manufacturer, cargo packer, and maintenance company. Proving fault and accepting liability takes more time in such cases.
Injuries Sustained
If the victim sustained serious injuries, it could take longer to settle the case. Severe injuries needing long-term care and therapies require greater compensation and the insurance adjusters usually fight hard to reduce the payout.
Legal Strategy
Working with an experienced truck accident attorney right from the beginning of the case will ensure that the case proceeds swiftly. A Truck Accident Attorney is likely to have a bigger impact on insurance companies than the victims.
What Is the Average Settlement for a Car Accident in Missouri?
Depending on the injuries sustained and the fault of each party, the settlement amount varies from case to case. If there are minor injuries, lesser compensation will be provided. However, if any permanent injury is caused, then costs for present and future medical treatment may be awarded. Generally, compensation through a settlement is awarded for:
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Medical treatment bills
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Lost wages and loss of future income
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Pain and suffering
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Property damage
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Expenses for long-term care, rehabilitation, and therapies
Depending upon the damage to the property and the injuries caused, the settlement amount may vary from a few thousand to even a million dollars, as seen in the case of the injured trucker after air ride seat collapse.
How Long After an Accident Can You Sue in Missouri?
Missouri laws require that personal injury lawsuits be filed within 5 years of the accident. However, it is wise to avoid delaying the legal process to recover compensation. Soon after the accident, the victim should contact a St. Louis truck accident lawyer to determine how they would like to proceed with the injury claims process or the lawsuit. Delaying the process can result in lesser compensation, and evidence collection may also become difficult.
Contact St. Louis Truck Accident Attorneys
A truck accident claim may take weeks or even months to settle. Injuries from truck accident cases can result in huge medical expenses, and receiving adequate compensation ensures that the treatment and recovery process goes smoothly and on time.
Having the right lawyers while dealing with the truck driver, multiple defendants, insurance companies, and others involved in the accident can make the process swift and ensure that no unnecessary delays are caused.
At Buchanan, Williams & O’Brien P.C., our truck accident injury attorney can help truck and semi truck accident victims with their personal injury cases. We help our clients navigate through the entire claim settlement process while they focus on their health and recovery.
Our St. Louis truck accident lawyers offer a free consultation to clients and help them with their personal injury cases when the insurance company refuses to pay a fair amount.
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