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A truck accident lawsuit in both North and South Carolina takes anywhere from one to three years, depending on the circumstances. If you were injured in a truck crash in North or South Carolina, you’re likely wondering how long it’ll take for your case to settle or go to trial.
These cases can move slowly. It’s not because anyone wants it to take as long as possible to resolve, but rather, truck accidents tend to be more complicated than standard car wrecks due to multiple defendants, serious injuries, and intense negotiations.
If you were recently hurt in a truck accident in either North or South Carolina, contact a Rutherfordton truck accident lawyer who knows how to handle cases like yours.
A Typical Truck Accident Timeline from Start to Finish
While no two cases are identical, here’s what a fairly standard truck accident case might look like in real time:
- Months 0–3: You’ll receive medical treatment and start documenting your injuries. The attorney investigates circumstances, collects reports, and sends letters to preserve truck data.
- Months 3–6: Medical treatment continues, and a settlement demand might be prepared on your behalf.
- Months 6–12: Negotiations with the insurer will likely begin. If they stall, the lawsuit will still be filed before the statute of limitations expires.
- Months 12–24: Discovery takes place. Depositions are scheduled, professionals review evidence, and additional settlement talks occur.
- Months 24–36 or more: If no settlement is reached, the case heads to trial. A verdict may be issued, followed by post-trial motions or appeals.
Many truck accident lawsuits settle before trial. For those who do, resolution may come within one to two years. When a case requires trial and possible appeal, the total timeline can extend to three years or longer.
How the State You’re In Affects the Process
The overall timeline may look similar in both Carolinas, but there are a few key differences in terms of procedures and timelines:
- North Carolina: The three-year personal injury statute of limitations and two-year wrongful death limit are strict. The state also follows a pure contributory negligence rule, meaning if the victim is even slightly at fault for the incident, they could lose their ability to recover damages.
- South Carolina: The state adheres to a modified comparative negligence rule. In other words, you can still recover damages if you’re less than 51% at fault. However, your compensation may be reduced by your percentage of fault. Also, South Carolina courts apply the discovery rule in some cases.
These subtle differences can influence the strategy your attorney applies to your case, especially if the crash happened near the border or involved an out-of-state trucking company.
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What Happens During Insurance Negotiations
Once enough information has been gathered, your lawyer will typically submit a demand package to the trucking company’s insurer. This includes your medical documentation, proof of lost wages, and evidence showing how the truck driver or company caused the crash.
After that, the insurer investigates and responds with a settlement offer. It’s rare for the first offer to be fair. In fact, this value is usually much lower than what you deserve. In response, negotiations often go back and forth, sometimes for several months on end.
For minor or moderate injuries, a settlement can sometimes be reached within six to twelve months. Meanwhile, cases involving major injuries can take a year or longer just to get through the pre-lawsuit negotiation phase. It all depends on the details of your case.
What Makes Truck Accident Lawsuits Take So Long
Truck accident cases have many moving parts. Here are common reasons these lawsuits often stretch out longer than expected.
Multiple Defendants
In a typical car crash, one driver is at fault. In a truck accident, responsibility might fall on several entities, including the driver, the trucking company, the cargo loader, or a manufacturer. Sorting out who’s liable is a process that adds layers of time and effort to just about any case.
Regulatory Evidence
Commercial trucks must comply with federal safety regulations. This entails gathering trucking logs, analyzing maintenance reports, and reviewing black box data. All of this takes time, especially when companies are hesitant or slow to share it.
Serious Injuries
Truck accidents often cause major harm, ranging from spinal injuries and traumatic brain injuries to long-term disability. The full extent of your damages isn’t always known right away, and cases shouldn’t settle until doctors determine how permanent your injuries are.
Professional Testimonies
Witnesses are often necessary to prove fault and calculate damages. Each person needs time to review evidence, prepare their reports, and participate in depositions, all of which may further prolong the duration of your legal case.
Insurance Company Tactics
Insurance carriers representing large trucking companies may delay their responses, make low settlement offers, or extend the length of negotiations in an effort to pressure victims into settling for less than they are eligible to recover.
Court Scheduling
Courts in both North Carolina and South Carolina experience backlogs. Once your lawsuit is filed, your trial dates depend on the court’s calendar and how congested the docket is at that time.
Things That Can Help Keep Your Case Moving Smoothly
While victims can’t control court schedules or insurer timelines, taking these steps can help you avoid unnecessary delays:
- Keep every medical appointment and follow through with your treatment plans
- Maintain copies of all medical bills, purchase receipts, and any forms of correspondence
- Avoid social media posts that could be used against you
- Respond promptly to document requests or updates from your legal team
- Stay patient and involved, especially during long stretches of negotiation or discovery
Truck accident litigation can be lengthy and frustrating, but every step builds the foundation for a strong and fair outcome. The more you can trust your attorney to advocate for you and fight for your rights, the more confident you’ll feel as you wait for your case to progress.
Call Our Rutherfordton Truck Accident Law Firm ASAP for Help Determining How Long a Lawsuit Can Take
At Farmer & Morris Law, PLLC, our Rutherfordton truck accident lawyers know how to handle these claims from start to finish. We’ll investigate the crash, speak with the insurance companies, and fight to get you the compensation you need as quickly as possible.
We operate from a place of integrity, experience, and results. Voted The Best of Rutherford County from 2011 to 2024, we know that truck accident cases are rarely straightforward. That said, we’ve helped more than 10,000 people recover over $100 million, and we’re here for you.
Don’t let stress or confusion stand in your way. Contact our truck accident law firm in Rutherfordton today. The sooner we start working on your case, the sooner you can focus on recovering from your injuries and healing from the trauma while we handle the legal matters.
