When dealing with the aftermath of a truck accident, there are many things you’ll face simultaneously. One of them is accumulating medical bills and loss of income if your injuries keep you hospitalized for a long time or unable to work. Although you can seek compensation through a truck accident lawsuit, you might have heard it is a lengthy process and you are unwilling to wait for a long time to get compensated.
But before making any decision, read this blog to the end. In it, we cover all you need to know about the Texas truck accident lawsuit timeline and the factors that affect it. If you need more information, our team at Terry Bryant Accident & Injury Law is ready to provide the answers.
We can also represent your interests and fight for your right to justice. We aim to help every client we represent receive maximum compensation and will ensure all damages are accounted for. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential truck accident case review.
Why Retain the Services of Our Truck Accident Attorneys?
Anyone with a successful injury claim knows that having the right legal team can make or break a case. At Terry Bryant Accident & Injury Law, we know the value of quality legal representation and do all we can to provide the best possible service. We have secured many successful settlements and verdicts in truck accident lawsuits and have the skills and experience to advocate for you all the way through trial.
We also know the factors that might affect the timeline of your case and will work to avoid unnecessary delays. With our truck accident lawyers representing you, the opposing party will be less inclined to apply delay tactics that seek to undermine your claim. Your well-being and compensation are our priority, and we will commit time and resources to getting the best possible outcome. Contact us if you want a legal team that is unafraid to fight for you and will put you first.
We hold at-fault truck drivers and trucking companies accountable for their actions and ensure you get the compensation you need to move on with your life.
How Long Does Truck Accident Lawsuit in Texas Take?
The truck accident lawsuit process is similar for many cases, from filing to verdict. However, the time it takes to get from start to finish differs from one case to the next. As a result, while some lawsuits take several months, others might drag on for years.
Below is a tentative breakdown of the truck accident lawsuit timeline, based on our experience:
Investigation and Filing the Lawsuit
After an accident as severe as a truck collision, you might be unable to gather the evidence needed to prove your claim. When you hire an attorney, they will investigate the accident, gather evidence, and file an insurance claim. If things go well, the insurance company will accept liability and pay the compensation asked for.
If the insurance company does not agree, your lawyer will typically need to file a lawsuit. The lawsuit must typically be filed within two years from the accident date to be within the statute of limitations – a critical deadline. (*Always speak directly to an attorney for the exact deadlines that apply to your potential claims.) It could take weeks to months, from the investigation to filing the lawsuit.
Pre-Trial Phase
After filing the lawsuit and all the relevant parties have been served, the pre-trial stage commences. This involves the discovery stage, motions, and hearings. Both sides exchange evidence, take depositions, and obtain expert testimony during the discovery stage. Your attorney or the defendants can file motions to dismiss claims or to compel evidence. All this takes anything from six months to one-and-a-half years.
Mediation
After the pre-trial stage, your attorney and the other side might try negotiating again during mediation. This is because during the discovery stage each party knows the evidence the other has and can ascertain the strength or weakness of their case. They may be more interested in settling out of court. The mediation stage can take several weeks, and, if both parties agree to settle, the case ends here.
Trial
If mediation does not work, the case goes to trial. During the trial, both sides will present their case and interview witnesses. Depending on the case’s complexity, there might be several witnesses to call, which could cause the trial to last longer.
If both parties accept the verdict entered by the jury, the truck accident lawsuit process concludes after the trial. However, if one party wants to contest the verdict, they can appeal, prolonging the process and causing the timeline to run into a few more months or even a few more years.
We understand the Texas legal system and will do everything possible to speed up the litigation process and prevent unnecessary delays.
Factors Affecting How Long Truck Accident Lawsuits Take
Several factors affect the Texas truck accident lawsuit timeline. They include the following:
The Severity of Injuries and Damages
Cases involving severe injuries, long-term disabilities, or fatalities take longer due to the need for extensive medical evaluations. If your wounds are severe, you might need to wait until you reach maximum medical improvement to ensure all your damages are accounted for. This can delay the trial even though the lawsuit has been filed and other processes completed, as once your case goes to trial, you cannot adjust the compensation sought.
Complexity of Liability
Defendants in a truck accident lawsuit often include the truck driver, the trucking company, and sometimes, various third parties, from vehicle manufacturers to cargo loaders. Determining who is liable and the extent of their liability can be complicated, requiring accident reconstruction experts, black box data analysis, and thorough investigations. If there are several liable parties, negotiations will take longer.
The Discovery Process
During the discovery process, parties exchange evidence, like the truck’s maintenance records, driver logs and qualifications, black box data, and witness depositions. Sometimes, disputes arise about the evidence provided or one side’s withholding information, requiring the judge’s intervention. As a result, the case may be delayed, as a trial date cannot be fixed until the issues are settled.
Court Backlog and Scheduling Delays
Texas courts can be overloaded with cases, leading to long wait times for hearings and trials. Also, some jurisdictions may have quicker dockets, while others could take over a year just to schedule a trial. Depending on the jurisdiction where your case is filed, it might be impacted by backlogs and scheduling delays.
Insurance Company Tactics
If you try to handle a truck accident claim on your own, you will deal with insurance companies from the beginning to the end of your claim. You will quickly see their many tactics for denying or delaying the claim to get you to accept a lower settlement. The truck driver’s insurance company may dispute liability, challenge the extent of your injuries, or conduct lengthy independent medical examinations to delay the case.
If you’re dealing with multiple parties, each of their insurers may decide to drag out the case to frustrate you into accepting the amount they are willing to pay. Most people do not have the financial resources to weather the storm that ensues after a serious injury, and this helps insurance adjusters settle claims for much less than they are worth.
Let Us Help You With Your Truck Accident Lawsuit
Truck accident lawsuits can be complex and time consuming, especially if the defendant, legal team, and insurance company employ delay tactics. Handling them alone might be counterproductive and harm your case, so we recommend legal representation. A good lawyer will help you maximize compensation and avoid unnecessary delays.
At Terry Bryant Accident & Injury Law, we will aggressively pursue negligent parties and counter their delay tactics. Since 1985, we have fought for truck crash victims’ rights. Our client testimonials speak to our dedication and commitment to every case, and we are unafraid to go against trucking companies, their insurers, and large legal teams.
Our services are on a contingency fee basis, meaning you don’t pay if we don’t win. Call us now for a free truck accident case review at (713) 973-8888 or toll-free 1 (800) 444-5000.
Attorney Terry Bryant
Terry Bryant is Board Certified in personal injury trial law, which means his extensive knowledge of the law has been recognized by the Texas Board of Legal Specialization, setting him apart from many other injury attorneys. The 22 years he spent as a Municipal Judge, Spring Valley Village, TX also provides him keen insight into the Texas court system. That experience also helps shape his perspective on personal injury cases and how they might resolve. This unique insight benefits his clients. [ Attorney Bio ]
