Understanding why truck accident claims may experience delays in court can help you address foreseeable problems before they gum up the process. For those delays you can’t control, knowing why they’re happening could help ease some of the anxiety you may be feeling. Learn five reasons why truck accident claims can get delayed in court.
Choosing Federal or State Court to File Your Claim
When your passenger car and a large truck collide, you could choose state or federal court to file your claim. As the plaintiff, you may live in Ohio, but the trucking company may be incorporated in Delaware and run that truck out of its New York base.
You and your attorney like your chances with a state court and local jury pool, but the defendants may want to move the case to federal court. This is because they are comfortable with the federal rules of civil procedure. Settling the question of where your claim will be heard can cause a delay.
Determining Liability for a Truck Accident
Until a party accepts responsibility for the accident or is forced to in court, the claim will not move forward.
If you and the defendants disagree over who was at fault for the accident and there is no obvious proof, such as a police report or video footage, investigations proving liability can draw out and delay your claim in court.
Agreeing to Medical and Property Damage Costs After an Accident
After the accident, when bills arrive, you must know how much it will cost to turn things around. When you know what your damages amount to, you and your lawyer will know how much compensation to fight for. Accidents involving passenger vehicles and trucks can cause catastrophic injury and damage. So, your damages will likely be higher in a truck accident case than in an accident case involving another passenger car.
If the trucker’s insurance company agrees their driver was at fault, their insurance company will review the information about the injuries and property damages sustained in the accident. However, they may not agree with your tally of costs associated with the accident. They may counter your statements and those from your experts, possibly asking for more or different information.
Plaintiffs and defendants will have their own doctors and other experts testify as to what their opinions may be, and those experts’ opinions may differ. If there is more than one person seriously injured, this may add to the number of experts on each side who will speak to the claim.
The More Damages There Are, the More Arguments it Could Present
Suppose the damages to person(s) and property are severe and the settlement is likely to be large. In that case, the number of arguments and counterarguments may increase as each side works toward a dollar amount they feel is fair. This difference of opinion between you and the defendant can cause a delay.
Understanding Your Long-Term Medical Care Needs After a Truck Accident
You may need to slow your case until you understand what your current medical costs associated with the accident are, and what any future costs will look like.
You might need to get to a certain point in your recovery to know whether you can fully recover and resume life as it was before the accident or if you will require more treatment or a certain level of permanent care.
Deferring a settlement before you know your potential medical costs can cause a delay, but it is important to know what your future looks like regarding your health. You do not want to settle your case early and potentially miss out on the compensation you deserve to cover future treatment.
Unexpected Delays for Your Court Case
Your claim in court may run into delays over which you have substantial control. Those delays may include:
- A heavy caseload for the claims adjuster. Properly investigating your claim takes time, but that amount of time may stretch into weeks, or longer, if the adjuster is juggling dozens of cases at once.
- Litigation numbers rising in the US, particularly post-pandemic. The more cases there are, the longer it might take for yours to get resolved.
- Lack of judges in federal courts. Although civil and criminal filings are on the rise, there’s a significant need to fill judicial vacancies around the country.
- Personal emergencies on the part of the judge, a jury member, an attorney, a plaintiff, or a defendant may delay a court case.
Help From Your Ohio Truck Accident Attorney
We understand how difficult it may be to recover from an accident, particularly one involving a truck, as they can cause horrific damage. Our truck accident attorneys at The Fitch Law Firm LLC are ready to help you recover a full and fair settlement or judgment.
We provide advice and assistance to ensure you feel confident in the direction you choose, whether negotiating out of court or filing your case in court. Though we may not have control over any delays in your case, we are always in your corner, fighting for you. Contact us today for a free consultation and learn what your next steps may be.