Most truck accident cases in Ohio settle before trial. However, some cases need to go to court. This is especially common if fault is contested or the trucking company’s insurance company refuses a fair settlement. The thought of having to go to a court hearing or trial is often overwhelming for victims who are already dealing with injuries, medical care, and rehabilitation.
Understanding when a truck accident lawsuit might need to go to trial and what happens when it does could make facing this possibility easier. Having a truck accident lawyer on your side ensures you always know what to expect and have a strong case for compensation.
Most Truck Accident Cases Settle Out of Court
A truck accident case can settle at any time. Sometimes, this occurs early in the negotiation process, while in others, it happens just before the trial date. A personal injury settlement generally means that both sides have agreed on a payout that will resolve the claim without asking a judge or jury to decide the case.
There are many reasons why victims and trucking companies both prefer to settle cases out of court. This includes:
- Trials are expensive, and they take a long time to close a case.
- Trials are also uncertain, with both parties giving up control of the outcome.
- Trials are public, while settlements are generally private.
- Settling avoids the stress of court appearances and testimony.
While there are many reasons to settle, some truck crash cases must go to trial to ensure the victim receives fair compensation for their injuries and other damages.
What Happens When an Ohio Truck Accident Case Goes to Trial?
Going to trial takes longer and involves navigating a specific legal process set by the court system. If your case may need to go to trial, here is what you can expect:
Filing the Lawsuit
Your attorney will develop and submit a formal complaint in the appropriate civil court. This officially begins the litigation process.
Discovery
Both sides exchange evidence, including medical records, witness testimony, truck driver’s rest logs, and maintenance records. You may need to give a deposition, which is a sworn interview under oath. Your attorney will prepare you for this if it is necessary.
Motions and Pretrial Hearings
Either side can file motions to resolve legal issues or narrow the scope of what is decided at the trial. The judge may hold pretrial conferences to discuss settlements or other issues.
Mediation
Some courts require or highly recommend the parties attend mediation. This is a guided settlement negotiation with a trained, third-party mediator.
Trial
If the case does not settle before the date arrives, it proceeds to trial. Each side presents evidence and arguments, and the judge or jury decides fault and if they will award damages.
Verdict and Judgment
If you win, the judge or jury awards compensation. Your attorney will ensure you receive payment minus their contingency fees and other costs.
How Long Does It Take a Truck Accident Case to Go to Trial?
It generally takes much longer to litigate a crash case than to settle and receive a payout. A lawsuit that goes to trial could take one to two years. The factors that could play a role in how long it takes to close the case include the case’s complexity and the court’s schedule.
Some cases could resolve faster, especially if they settle after filing the lawsuit or if the evidence is clear, but the parties cannot reach an agreement on the value of the case.
Should You Be Worried That Your Truck Accident Case Will Go to Trial?
Going to trial does not reflect negatively on you. It does not mean you were at all responsible for your injuries or there was any other problem with your case. Usually, it just means that the trucking company or their insurance carrier refused to pay enough to cover your full range of damages, and your attorney believes you could receive more compensation through the courts.
You will not be handling this process alone. Your 18-wheeler accident lawyer will prepare you for what to expect at each step in the process and will handle all courtroom procedures, evidence, and strategy.
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The Role of Your Injury Lawyer in a Truck Accident Lawsuit
Truck accident cases differ from typical car accident claims in several ways. Commercial trucking companies and their insurers are often aggressive in defending claims. They do not want to pay out large injury claims and have a team of corporate lawyers working to protect the company’s bottom line.
When you work with a big rig truck accident attorney, they will:
- Investigate the crash and preserve all necessary evidence
- Identify all potentially liable parties, including the truck driver’s employer
- Calculate your damages, including medical bills, lost income, and future care
- Handle settlement negotiations and prepare for trial if needed
- Offer advice and guidance to you throughout the process
- Represent you at trial, presenting compelling evidence and arguments
- Answer your questions promptly and ensure you are prepared for each step
- Manage all aspects of your case so that you can focus on healing
Per Ohio Revised Code Section 2305.10, victims generally have two years from the accident date to sue for injuries. This is the general rule, though there are exceptions. You must meet this deadline to protect your right to sue and take your case to trial.
Discuss Your Options With Our Ohio Truck Accident Team
Working with an Ohio truck accident lawyer ensures that you know what to expect, no matter if your case settles or goes to trial. They can negotiate a strong settlement offer or fight for a verdict for you in court.
At The Fitch Law Firm LLC, our truck accident lawyers can help you fight for the money you deserve, too. We provide a free consultation and work based on contingency. Contact us today to get started.
