Unfortunately, there is no fixed timeframe for resolving a truck crash case. However, an experienced truck accident lawyer can explain the factors that can make it take longer to complete your settlement and help you receive all the compensation you deserve for your injuries under New Mexico law.
How Long Does It Take to Settle a Truck Crash Claim in New Mexico?
A truck collision claim where no one suffered any injuries and the damages to the vehicles are minor may be settled within a few months. However, most truck accident cases are more complicated. It can take months, a year, or longer for these claims to be resolved, especially if a lawsuit is filed and the case is litigated.
What Factors Can Make It Take Longer to Resolve a New Mexico Truck Accident Case?
Truck collision cases can take much longer to complete than car crash claims. Several factors can increase the time it will take for you to resolve your case. Understanding these factors can at least give you a sense of how long you will need to fight with the insurance company. Some common factors that prolong the resolution of these claims include the following.
Investigation Into the Cause of the Truck Crash
Determining the cause of a truck wreck can take longer than if only autos were involved in the collision. Violations of Federal Motor Carrier Safety Administration (FMCSA) regulations may have caused or contributed to the crash.
In addition, more parties could face liability for causing the truck accident. Potentially liable parties include:
- Truck driver
- Trucking company
- Shipping company
- Truck maintenance company
- Truck and parts manufacturing companies
It may take your attorney a long time to collect the evidence you need to prove how your truck crash occurred. They may need to hire expert witnesses, such as an accident reconstruction expert or an engineer, to help determine the cause of the collision.
Your Medical Improvement
Under New Mexico law, you are entitled to your past and future medical expenses, lost wages, and pain and suffering in your settlement. You cannot know your future damages until you recover fully from your injuries or recover as much as you can, and your doctor can give you a final prognosis. If you suffered multiple injuries—common in a truck wreck—it could take months or longer to reach this stage in your medical treatment.
Seriousness of Your Injuries
The value of your claim will be higher if you suffered long-term injuries, such as a traumatic brain injury, back or spinal injury, or internal organ damage. The insurance company will fight longer and harder to deny your claim, reduce the compensation they must pay you, and delay paying you if they know your claim’s value is high.
New Mexico Settlement Negotiations
Once the investigation into the cause of your truck accident has been completed, your lawyer would send the insurance company a demand letter outlining how their insured’s negligence caused the crash, the seriousness of your injuries, and the compensation you are seeking. The insurance adjuster would review the letter and most likely raise disputes about their liability or the damages you should receive.
Your lawyer and the insurance company could go through lengthy offers and counteroffers before settling your case. Depending on the disputes the insurance company raises, your attorney may need to collect additional evidence or hire expert witnesses to resolve them.
In addition, settlement negotiations can be prolonged when more than one party faces liability. It could take your lawyer longer to resolve multiple claims, and a settlement with one party may be contingent on a favorable settlement with another party.
If the statute of limitations, which is the deadline you have to sue, will expire soon, or the insurance company refuses to offer you a fair settlement, your lawyer will need to file a lawsuit and litigate your claim. While your case will likely be settled before your jury trial date, litigation can significantly increase how long it takes to resolve it.
Contact a Roswell Truck Accident Lawyer Today
If you or a family member were injured in a truck collision in Roswell or Southeast New Mexico, our skilled truck accident lawyers are here to explain your options and fight for the damages you deserve. Call our Roswell office at 575-300-4000 or complete our online form today to schedule your free initial consultation today.