If you’ve been injured in a truck accident in Jackson, you need to know what comes next. It’s not just about who to call or what money you might get back. It’s also about what happens during a truck accident lawsuit. This process unfolds week by week and month by month.
Truck crashes across Mississippi devastate families. Truck accident victims face medical bills, lost wages, and insurance companies that want quick, cheap settlements. The trucking industry has lawyers working from day one. You need to understand the process to protect yourself.
For over 30 years, Jackson truck accident lawyer John Giddens has helped thousands of truck accident victims. He’s secured millions in verdicts and settlements because he knows exactly how these cases unfold and what needs to happen at each stage.
To understand how a truck accident lawsuit works, you need to know the timeline of a personal injury lawsuit: what happens in those critical first weeks, how long discovery takes, when settlement talks get serious, and what to expect if your case goes to trial. Here’s how the process really works.
Week 1-2: Immediate Investigation Phase
The clock starts ticking the moment you hire a personal injury lawyer. Within 24-48 hours, your attorney sends something called a spoliation letter to the trucking company and their insurance carrier. This letter legally requires them to preserve evidence – driver logs, black box data, maintenance records, everything. Without this letter, crucial evidence can “disappear” perfectly legally.
While your lawyer sets about to protect evidence, investigators begin work at the accident scene. They’re photographing skid marks, measuring distances, talking to witnesses who won’t be around in six months. They’re gathering evidence before rain washes it away or the highway department repaves the road. Your lawyer is also collecting the police report, your medical records, and documentation of property damage.
During these first two weeks, insurance companies will call you. They want recorded statements. They want quick settlements. Your lawyer handles these calls, protecting you from saying something that could hurt your truck accident claim later. The trucking company’s insurer might even send their own investigator to your house. You don’t have to talk to them.
By the end of week two, your legal team has saved the important evidence. They have also started to understand what really happened.
Weeks 2-8: Building Your Case
Once the immediate evidence is secured, your truck accident attorney drafts the formal complaint. This isn’t just paperwork – it’s the document that officially starts your lawsuit. The complaint lays out who the liable parties are, what they did wrong, and what compensation you deserve.
If the accident was in Jackson, filing happens at the Hinds County Circuit Court. Once filed, each defendant is officially notified they’re being sued. This can include the truck driver, the trucking company, or a third party like the shipping company.
Here’s what most people don’t realize: defendants have 30 days to respond. Their answer usually denies everything and lists defenses. Sometimes they file counterclaims, trying to say the accident was your fault. Don’t panic, your lawyer expects it.
During this phase, your injury attorney is also documenting your damages. They’re tracking medical bills, calculating lost wages, and working with your doctors to understand your long-term prognosis. If companies fail to respond or try to dodge service, your lawyer handles that too. By week eight, the lawsuit is officially underway, and both sides know what’s at stake.
Months 3-12: Discovery Phase
Discovery is where truck accident lawsuits get won or lost. Both sides exchange information, and this is where hidden violations and patterns of negligence come to light.
It starts with written discovery. Interrogatories are detailed questions each side must answer under oath. You’ll answer questions about your injuries and treatment. They’ll answer questions about driver training, safety records, and company policies.
Then come depositions. You’ll give one, sitting in a conference room answering questions from their lawyer while a court reporter records everything. It’s not as scary as it sounds; your lawyer will prepare you. But you’re not the only one being deposed. Your lawyer deposes the truck driver, the safety manager, the person who loaded the cargo.
The insurance company might demand an independent medical exam. Their doctor examines you, trying to minimize your injuries. Your lawyer may bring in expert witnesses. These can include:
- accident reconstructionists who explain how the crash happened
- medical experts can discuss your future care needs
- economic experts can calculate your lost earnings
During discovery, you’re mainly healing and following your treatment plan. You’ll meet with your lawyer periodically, review documents, and help gather information. But the heavy legal lifting? Your attorney handles that.
Months 6-18: Settlement Negotiations
Settlement talks don’t wait until discovery ends. They’re happening throughout your case. But they get serious once both sides see the evidence.
The first settlement demand usually goes out around month six. Your lawyer sends a detailed package. It shows your damages, evidence of negligence, and jury verdicts in similar cases. The insurance company’s first offer is almost always insulting. They’re testing whether you’ll take quick money.
Most cases go through mediation around months 9-12. Mediation is a structured negotiation with a neutral mediator, often a retired judge. You’ll be in one room with your lawyer, the defendants will be in another room with theirs, and the mediator goes back and forth. You might spend all day there. The mediator pushes both sides toward a number that works.
Here’s what really happens: multiple rounds of offers and counteroffers. Your lawyer advises you on each offer, explaining what a jury might award versus the certainty of settlement. They know when the insurance company is bluffing and when its near the limit. These talks can be frustrating. The insurance company will move slowly. They hope your bills will pressure you to accept less.
If the trucking company and other defendants finally offer fair compensation, you can settle. About 90% of cases resolve without trial. But if they keep lowballing, if they won’t be held accountable for what they’ve done, your case heads to trial.
Months 12-24: Trial Preparation and Trial (If Needed)
If settlement talks fail, trial preparation intensifies. Your lawyer will file pre-trial motions as the court sets a trial date, usually several months out.
Jury selection might surprise you. Your lawyer and theirs question potential jurors, looking for people who can be fair. In Jackson, juries understand what truck crashes mean for families. They’ve shared the roads with 18-wheelers. They get it.
The trial itself typically lasts 3-5 days. Opening statements lay out each side’s case. Your lawyer presents evidence – witnesses testify, experts explain the crash and your injuries, documents prove violations. You’ll testify about how the accident happened and how it’s changed your life. The defense tries to minimize everything. Then closing arguments, where your lawyer ties it all together.
The jury deliberates and returns a verdict. If you win, they award damages – economic, non-economic, and possibly punitive if the conduct was especially bad. The trucking company might appeal, which can add months, but most verdicts stick.
Throughout the Process: What You Can Expect
During this entire timeline, you’re not alone. Your Jackson truck accident lawyer keeps you informed. You’ll have responsibilities: following medical treatment, being honest about your injuries, not posting about your case on social media. But the legal heavy lifting? That’s on your attorney.
This timeline can vary. Simple cases with clear liability might settle in six months. Complex cases with multiple defendants can take years. If a truck accident claim involves catastrophic injuries or wrongful death, insurance companies often fight harder and longer.
At Giddens Law Firm, we handle all of this on a contingency fee basis. You don’t pay anything unless we win. We cover the costs of filing, investigating, hiring experts, and taking your case to trial if necessary. Our truck accident attorneys are available 24/7 because we know questions don’t follow business hours.
The trucking company started building their defense the moment the accident happened. Now you know what to expect at every stage of your case. If you’ve been hurt in a truck accident in Jackson, you don’t have to navigate this process alone. Understanding how these lawsuits work is the first step. Having the right legal team makes all the difference. Contact us today to start your truck accident lawsuit.