If you have suffered a truck accident, you may be wondering how much your case is worth and what you can do to obtain the maximum possible compensation for the damages suffered. Quote factors depend on several factors that influence the value of your claim, such as the severity of your injuries, the truck driver’s liability, property damage, medical expenses, lost income, and the pain and suffering you have suffered.
However, you should know that liability for a truck accident can fall on several parties. This means that there may be multiple insurances involved, which can increase the value of your compensation. Therefore, it is important to have the help of a lawyer specialized in truck accidents, who can identify all possible parties responsible and negotiate with insurers.
What is compensation for a truck accident?
Compensation for a truck accident is the money you can claim from the party responsible for the accident to cover the damages you have suffered as a result of the accident. These damages can be of two types: economic and non-economic.
The economic damages
These are those that can be easily quantified, such as medical expenses, vehicle repair or replacement, loss of income, lost profits, and other expenses related to the accident.
Non-economic damages
They are those that cannot be measured exactly, but that affect your quality of life, such as pain and suffering, emotional distress, loss of consortium, permanent disability, disfigurement and other negative effects of the accident.
The sum of both types of damages determines the value of your compensation for a truck accident.
What factors influence the value of your compensation for a truck accident?
The value of your compensation for a truck accident can vary depending on the specific circumstances of your case. Some of the factors that influence the calculation are the following:
Injury severity
The more serious your injuries are, the greater the value of your compensation. Serious injuries may require long-term medical treatments, surgeries, rehabilitation, medications, and other special care. In addition, they can cause permanent consequences that affect your ability to work, carry out daily activities or enjoy life. All of this is reflected in the amount of your compensation.
The responsibility of the truck driver
To obtain compensation for a truck accident, you must prove that the truck driver was negligent or reckless and caused the accident. This may involve proving that the truck driver violated some traffic rule, such as driving under the influence of alcohol or psychotropic drugs, exceeding the speed or driving hour’s limits, being distracted by the phone or GPS, not respecting signs or instructions, safety distances, among other factors. The clearer the truck driver’s fault is, the greater the value of your compensation.
Material damage
These damages can be claimed from the truck driver’s insurance or the truck owner, as the case may be. The value of property damage is based on the cost of repairing or replacing the vehicle and other affected property. These come under the classification of economic damages.
Medical expenses
These are one of the most important components of your truck accident compensation. The expenses include medical bills, professional fees, medications, prosthetics, medical devices, and other costs related to your healthcare. These expenses can be claimed for both expenses incurred to date and estimated future expenses.
Loss of income
Loss of income is another key element of your truck accident compensation. This loss refers to the money that you have stopped receiving as a result of the accident, whether due to an injury or a state of mind.
You should keep in mind that the value of your compensation may be affected by your degree of fault in the accident. Under the comparative liability system that governs most states in the United States, if you are partially at fault in the accident, your compensation will be reduced in proportion to your percentage of responsibility. For example, if your total compensation is $100,000 and you are 20% at fault, you will only receive $80,000. However, there are some states that apply the contributory liability system, according to which if you are at fault in the accident, you will not be able to claim anything.
Benefits of hiring a car accident lawyer to defend your rights and claim compensation
A car accident lawyer:
- Know the current legislation and the deadlines to file a claim
- Helps you how to calculate the fair value of your case
- Has experience negotiating with insurance companies
- A car accident attorney is prepared to go to trial if necessary.
There are many factors that influence the value of your compensation for a truck accident; these are hardly the most decisive. Therefore, it is best that you consult with a lawyer who is an expert in this type of case, who can evaluate your situation and guide you on the legal options you have. You should know that you have a limited period to present your claim, so do not waste time and contact a lawyer as soon as possible.