Should You Settle Your Trucking Accident Claim or Head to Court?
Trucking accidents in Denver can be extremely complex; therefore, the decision regarding whether you should settle your claim-probably for less than it may be worth-or go to court, can be a very important one. As the plaintiff in a Denver trucking accident, you may have a case against a number of different defendants including: the truck driver, the owner of the truck or the trucking company, the owner of the trailer (if different), the manufacturer of the truck or specific truck parts, the company responsible for loading the truck, the company responsible for maintaining the truck, and the insurance carrier for the truck or trailer. This alone makes trucking accidents extraordinarily complex.
How Long Can it Take to Go to Court Over my Trucking Accident?
Taking a trucking accident claim all the way to a courtroom can be a lengthy process; once the case is filed, you can figure on at least a year until you reach your trial date. During this time, the discovery process will ensue. The accident will be researched by both parties, and evidence such as witness accounts, information from an accident reconstruction, a detailed investigation of the truck driver's history and driving times, and, when available, the truck's black box information will be thoroughly assessed. Typically, a large trucking company has significant resources available, allowing them to try to overwhelm your attorney with an overabundance of documents or by putting your personal life under scrutiny.
The Stress of Pending Litigation
The stress of the pending litigation could potentially drag on for years, meaning by the time the case settles your attorney may have racked up significant levels of legal fees and expenses. This means that even if you have a fairly solid case against one or more defendants responsible for your accident and resulting injuries, you may want to consider settling the lawsuit. A settlement offer is likely the fastest way to secure compensation for your losses, and can result in lower legal expenses and fees as well. The primary factor in deciding whether to settle or go to trial may be your ability or willingness to wait for a potentially higher award.
While a settlement will give you some immediate monetary relief, allowing you to pay your medical bills and get on with your life, waiting could result in a significantly higher settlement-or no settlement at all. Of course a risk you take in going to court is that a jury may rule against you, and you could end up getting nothing for your accident. This is, admittedly, rare, since your trucking accident lawyer will have a pretty good idea of how the jury will rule, but it is, nonetheless, a factor in deciding whether to settle or go to court. Your attorney has the experience and knowledge to advise you on whether exhibiting patience is likely to be rewarded, however in the end you will be required to make the final decision.
Denver Trucking Accident Lawyers
If you or someone you love has been injured in a Denver trucking accident, it is important to contact an experienced Denver trucking accident attorney as soon as possible. Your case will be more complex than other personal injury cases and requires the experience and resources of a trucking accident law firm.