If you’ve been hurt in a crash involving a semi-truck or other commercial vehicle, you have many unanswered questions about seeking proper compensation. How severe are my injuries? What expenses will I face? How will this impact my future?
As a truck accident victim, you deserve to make informed decisions as you pursue the full damages owed for your suffering and losses. Unfortunately, insurance companies don’t always make this process straightforward.
A truck accident lawyer in Davie can help assess the specifics of what occurred and advise you on the scope of damages you may be entitled to receive. Let’s take a look at the factors that go into determining what a truck accident claim might be worth.
Factors Considered in Determining Trucking Accident Claim Value
When assessing how much a truck accident claim may be worth, experienced commercial truck accident attorneys consider a variety of factors specific to the incident and injuries involved.
Type of Injuries Sustained
The types of physical and psychological injuries resulting from the crash have a major impact on potential compensation. Some injuries like fractures, lacerations, or concussions have clearly defined treatment protocols and costs.
Other injuries, such as chronic pain, traumatic brain injury, spinal cord injuries, nerve damage, or amputation, involve longer recovery periods and ongoing expenses.
Attorneys also evaluate prognosis reports from medical experts on how long injuries may impact the victim. Conditions that require lifelong modifications or supervision warrant higher damages.
Compensation aims to cover costs for future surgeries, therapies, equipment, medications, and lost income due to long-term disability.
Economic damages refer to specific financial losses from the crash, including:
- Lost wages: This refers to income that the injured party was unable to earn due to being unable to work as a result of injuries from the crash.
- Medical bills: This includes all costs for medical treatment, such as hospital visits, surgeries, therapy, medications, etc., needed to address injuries. Catastrophic injuries such as traumatic brain injury, spinal cord injuries, or amputations typically result in higher long-term medical costs.
- Property damage: This covers repair or replacement costs for personal property that was damaged or destroyed in the collision, such as a vehicle.
- Out-of-pocket expenses: In addition to lost income and bills, this can include other monetary costs associated with the crash and recovery, like travel for medical care or home modifications required due to an impairment.
Attorneys obtain documentation like pay stubs, medical records, and repair estimates to build an accurate total. Claims aim to offset these costs fully.
Noneconomic damages represent the less tangible impacts, such as:
- Pain and suffering
- Loss of enjoyment of life
These subjective factors don’t have set values, but a truck accident attorney will apply a fair assessment based on each individual’s experience and quality of life changes.
While no two accidents are identical, looking at payouts from similar past cases provides a reference point for estimating an appropriate compensation range. Variables like the victim’s demographics, injury types, and treatment needed allow general comparisons, though each case has a unique context.
If evidence shows the injured party shares some fault for the incident, this may lower the overall damages amount. The opposing insurance company and attorneys are likely to try to place partial blame on you.
An experienced truck accident lawyer will work to defend you against any allegations of fault.
Assessing who is legally responsible also guides claim values. If unsafe actions by the at-fault party are clear, full liability strengthens the compensation case. However, negligence must still be proven based on accident investigation findings. It often takes help from an experienced personal injury lawyer to prove negligence in court.
Insurance Policy Limits
The insurance coverage amounts for the liable party place ceilings on potential payouts through settlements or jury awards. Multiple policies may apply depending on the incident details, increasing available funds.
This is why it is critical to work with a truck crash attorney. Your lawyer can identify all avenues of compensation to improve your chances of recovering full and fair compensation through settlement or court award.
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Gathering Evidence Boosts Claim Values
Thorough evidence gathering by an experienced commercial truck accident attorney gives the strongest foundation for high-damage requests. Key documentation includes:
- Witness statements and contact information
- Investigative reports from police, DOT, and other agencies
- Medical records, bills, and prognosis letters
- EDR black box data
- Wage and income details pre- and post-incident
- Maintenance records for commercial vehicles involved
- Photographs of crash scenes and injuries
- Responses from defendants/insurers to written discovery
With a complete case file, experienced counsel can demand full and fair compensation on the victim’s behalf.
Learn What Your Truck Accident Claim May Be Worth In a Free Consultation
While determining a claim value can seem complex, an experienced truck accident attorney is familiar with these evaluation criteria. Our goal is to ensure you receive every potential dollar owed to help cover medical bills, lost income, long-term care needs, and more.
Let us ease some of your burden by guiding you through the legal process, negotiating strongly with insurance carriers, and, if needed, taking your case to court.
Don’t settle for less than the full amount you deserve – contact us for a free case review today. Working together, we can pursue the maximum settlement your specific circumstances warrant.
Don’t let the other side minimize your rights. Contact the Schiller Kessler Group today.