If you're conflicted about filing a claim for compensation, it's important to know your options, and the varying levels of value.
Even an experienced truck accident attorney cannot give you a precise figure of a claim's worth. However, he can give you a good sense of what you can expect to receive based on his experience handling similar cases and the specific circumstances in your case.
Common Types of Compensation in Truck Accident Claims
Large truck accidents often cause catastrophic injuries and damages. Passengers of automobiles, SUVs, and trucks simply don’t have the protection against a loaded tractor-trailer that may weigh as much as 80,000 pounds. Frequently, victims of these accidents are entitled the following compensation:
- Past and future medical expenses
- Lost and future wages and other benefits of your employment
- Future earning capacity if you must make a career change that results in a reduction in your wages or you become permanently disabled
- Property damage
- Pain and suffering
While you may be able to determine an approximate amount of rightful compensation for property damage, medical bills, and lost wages, you'll need the assistance of an experienced attorney to determine the value of your pain and suffering and future earning capacity.
Factors That Affect the Value of a Truck Crash Claim
A number of factors affect the strength of your case against a negligent truck operator and his or her employer. The following include some variables that could strengthen or weaken your claim and its value:
- Disputes. When there are serious disputes about the cause of your wreck, your injuries, or some other issue in your case, they might weaken the overall value of your claim. In addition, you may need to fight harder and longer to obtain a fair settlement.
- Severity of your injuries. If you suffer more serious injuries that require surgery or other long-term treatments, your claim's value will be larger. In addition, the worth of these allotments might also influence an increase of the less-tangible portion of your claim—the pain and suffering you endured due to injuries and the resulting life limitations.
- Disability. If you suffered a permanent disability that affects your ability to work or perform day-to-day tasks, this increases the value of your claim due to your additional expenses and pain and suffering.
- Your partial fault. If you were partially responsible for the accident, your comparative negligence reduces the value your claim by the percentage of fault. For example, if you were found 20 percent at fault in causing the wreck, you'd only be entitled to 80 percent of damages from the trucker and fleet company.
- Participant credibility. Credibility analysis of all parties is common in truck accident cases. Throughout the process, if your accident recollection and the severity of your injuries stay consistent, this makes you a strong, believable witness at trial. If your attorney is able to point out discrepancies in the trucker’s statements or actions, this indicates he or she is less credible. The result could potentially increase the value of your claim.
- Witnesses. If other people who saw the accident can corroborate that the truck driver was the negligent party, this may make your claim worth more. This is especially true if the witnesses are neutral parties you don't know and who have no interest in the outcome of your case.
- Experienced truck accident attorney. Hiring an experienced truck accident attorney who has a track record of success in settling and trying these cases significantly increases the value of your claim. He understands the importance of thoroughly investigating your crash and will not be afraid to take your case to trial if necessary to obtain the settlement you deserve.
Do you need advice on the value of your claim for injury compensation caused in a truck accident? Our knowledgeable attorneys are here to help. Call our Kansas City office today to schedule your free, no-obligation consultation.