After a collision with a tractor trailer, no matter if the truck jackknifed, rolled over, or rear-ended you, you could have debilitating, life-changing injuries. You might feel like a lawsuit will be too much to add to your life when you already have a lot on your plate from your physical, emotional, and financial losses. But filing a claim against the responsible party, whether it’s the truck driver, trucking company, or a part manufacturer, may be the only way for you to get the compensation you deserve for your losses.
When you have an Albuquerque truck accident lawyer from Buckingham Barrera Law Firm on your side, you won’t have to worry about the details of your claim because our experienced lawyer will have it covered. While we handle the legal side of things, you can focus on healing. Let’s take a look at how long it typically takes to settle a truck accident claim.
Settlement vs. Trial
When you file your truck accident claim, you might be wondering how long it will take to complete the process, whether that’s reaching a settlement or going to trial. The good news is that most personal injury claims, which includes tractor trailer accident claims, do not go to trial. Instead, both parties usually reach a settlement. Most cases don’t go to trial because they are time consuming and can get more costly than is necessary for the claim. That’s why both sides will likely try to reach a settlement before going to trial.
The other party can sometimes try to get you to settle for less than you deserve, which is why you’ll want an experienced lawyer on your side to accurately calculate the amount you should receive. Unfortunately, even though a settlement will take less time than a trial would, it could still take years to settle your case. Let’s look at the aspects of your case that will be evaluated to determine a fair settlement and why it could take so long.
Determining Your Fair Settlement
One of the main determining factors of your settlement will be who was at fault for the accident. Since trucking companies carry insurance on their trucks and drivers, most of the time, their insurance company will want to conduct an investigation to determine fault. This could help you in your case because they will work to figure out if the truck driver, the trucking company, or if a defective truck part is at fault for the 18-wheeler crashing into you.
New Mexico is an at-fault state, which means that you can seek damages from a driver who was at fault for your accident. Since the trucking company’s insurer will most likely do an investigation into who or what was at fault for your accident, this could help you in the long run. The insurance company will likely look into the key elements of fault which are:
- A legal duty was owed
- There was a breach of duty
- The breach of duty directly caused your injuries
Some other aspects of your case that will be investigated will be the extent of your injuries, any damages done to your vehicle, and if you missed work from your injuries caused by the wreck. Having documentation from your doctor about your injuries, when you started feeling pain, and any medical bills surrounding them could help you greatly in your case because they prove that the accident caused you harm and financial hardship. Documentation of your mechanic’s bills for your car and any lost wages from missing work will also factor into your settlement.
Since truck accidents can cause debilitating injuries, you also might be looking at being permanently or partially disabled from the collision. Your truck accident lawyer will factor in your recovery period as well as how your injuries have affected your daily life. For example, if you are permanently disabled from a tractor trailer wreck, and will never walk again, then you deserve more in your settlement.
Buckingham Barrera Law Firm Is on Your Side
An experienced Albuquerque truck accident lawyer from Buckingham Barrera Law Firm will do a thorough investigation into your case and ensure that you are receiving a fair settlement for all the costs that you had from the wreck. If the other party refuses to settle for the amount that you deserve, we are prepared to go to trial for you to fight for justice.
You have a long road ahead of you for recovery, but financial hardships from the injuries and damages shouldn’t be one of your concerns. Let us handle the legal side of things while you focus on healing. Reach out to us today so we can get started on your case.