Few things are as scary as being caught in a jackknife truck accident. Watching the large trailer swing out is enough to have your life flashing before your eyes. Unfortunately, injuries and vehicle damage tend to be extensive.
You file a claim with the insurance company but how long will you wait until you receive your settlement check? The timeline for a jackknife truck accident lawsuit varies. In other words, there isn’t a set time. A few things go into determining the timeline to settle a commercial trucking accident.
Florida’s Statute of Limitations
Not everyone likes having deadlines staring them down. However, sometimes they can work in your favor. The Sunshine State gives accident victims two years from the date of the incident to file a personal injury claim. This applies to jackknife truck accident victims.
Known as the statute of limitations, this is something you want to pay attention to. If you miss the filing deadline, there’s a good chance you can’t file an injury claim.
There can be exceptions to the filing deadline, but they’re rare. Some reasons the state may pause the statute of limitations can be for minors or if the defendant can’t be located. Minors are prohibited from filing a claim. The defendant must be reachable if you’re planning on moving forward with an injury claim.
So, does this mean it takes two years or so to settle a jackknife truck accident claim in Florida? Thankfully, the answer is usually no. However, the statute does help get the process moving.
Severity of Your Injuries
Jackknife truck accidents tend to cause severe and even catastrophic injuries. You’re dealing with sky-high medical bills, and it’s probably only the start of your damages. Unfortunately, an estimated 40% of jackknife truck accidents result in fatalities. The number is even higher for severe injuries.
Calculating these damages takes time. Yep, this can delay the claim process. Not only are you waiting for a complete medical diagnosis, but there’s also treatment to consider. If you need long-term or even lifetime care, this takes a while to factor into your personal injury claim.
The last thing you want to do is file an accident claim before knowing the full extent of your injuries. Once you settle an insurance claim, you can’t refile even if you still have expenses coming in.
Figuring Out Liability
Okay, liability should be easy to figure out in a Florida jackknife truck accident. After all, your vehicle is the one pinned by the trailer or stuck underneath the truck. Florida, like a few other states, follows comparative negligence insurance rules. This means you may also be liable for the accident.
How comparative negligence works is fairly simple. The rule allows for more than one individual or entity to be responsible for causing the same accident. Fault is assigned to all involved parties. As long as you’re not more than 50% responsible for the accident, you can recover compensation from the other involved driver.
So far this doesn’t sound too bad but there are downsides to comparative negligence. Your potential compensation amount is going to be decreased by your percentage of fault. Determining fault in a jackknife trucking accident also takes time and this can impact how long it takes to settle your injury claim.
The Insurance Company Has Time to Respond to Your Jackknife Truck Accident Claim
As soon as liability is figured out and you’ve calculated your damages, it’s time to notify the insurance company. Florida gives insurance companies 90 days to review and investigate a claim. So, within three months you should know if your claim is approved, denied, or you’re heading to negotiations. If your claim is approved, congratulations, you should receive your settlement check within about 20 days.
What happens if your claim heads to negotiations? Be ready to wait for your settlement check. Negotiations can drag on and Florida doesn’t have any laws setting specific timelines. Basically, as long as progress is being made negotiations can go on for weeks.
However, if negotiations fall through or your accident claim is denied, your injury claim is now a lawsuit. Yep, filing a lawsuit adds time to the claim process. How much depends on the court’s docket and whether the insurance company is willing to settle. If your lawsuit goes to court, it can be a year or more before everything is finally settled.
You can help make the legal process go a little more smoothly by partnering with a Florida jackknife truck accident attorney. From calculating your damages to negotiating with the insurance adjuster, and even filing a lawsuit, your attorney can help ensure you can receive compensation.
