A crash with a big commercial vehicle can result in serious, life-altering injuries due to the sheer size and weight of these vehicles. The insurance companies for these trucks typically offer lowball settlements to victims they deem not as serious as others who suffer more devastating injuries. This can be a mistake on the truck insurance company’s part when it rules later and has to pay even more to compensate a victim for more serious and permanent injuries. Here are some of the reasons you would want to hire a truck accident lawyer.
Truck accidents are often quite complex, with multiple parties at fault. This means the insurance company for the truck will be looking for ways not to pay you what you deserve. Working with truck accident lawyers can help make sure that happens with their extensive experience handling these cases. If you have been injured in a trucking accident and have questions and concerns, you should contact an attorney who can help explain the process to you. An experienced lawyer will be able to help not only with your initial case but also with helping you plan for the future, including medical care and lost wages.
What Caused the Accident?
Many truck accidents are caused by drivers on the road who are inattentive or do not take care of their vehicles. If a truck driver is distracted and has an accident, he/she may not be held responsible for the cause of the accident. Instead, you would be dealing with the truck insurance company on whose insurance policy your claim is based.
If the truck driver is found to be at fault for the accident, the truck insurance company will offer you a settlement or “lowball” offer. You should not accept such an offer because that does not mean that your case has been settled in full. Instead, your lawyer will ask for additional compensation for your injuries and losses in order to get the total amount you deserve. In the event that you suffer more serious injuries in a collision, it is always important to consult with a lawyer in order to discuss your legal options and talk things over.
How Severe Are Your Damages?
The value of your case will be determined by the strength of your case, the number and nature of your injuries and any other damages you have suffered. If you are unable to return to work or do not have the same income level due to injuries suffered in an accident, that is called “loss of earning capacity.” If you suffer from any permanent injuries such as disability, loss in future earning capacity will be calculated from a different standpoint. Loss of earning capacity is calculated by subtracting the amount of your pre-injury salary from the pre-injury amount you would have earned up to retirement age.
You may have been unable to work for a short period of time or for an extended time due to the accident. Those injuries can be evaluated and compensated for by your attorney. Another way to calculate damages is to determine a loss in future earnings. This can be calculated by determining how much you would have earned from a certain age up to retirement age and then subtracting that amount from the equivalent amount of future income you will have. Also worth adding is your pain, suffering and inconvenience in paying for medical care and lost wages due to injuries sustained in an accident.
Common economic damages include:
- Medical fees: This covers the cost of medical expenses, including emergency room visits, hospital stays, diagnostic tests, physical therapy or nursing services. Also included are any costs associated with fixing or replacing broken bones or other body parts.
- Property repair fees: These are costs related to fixing or replacing damaged or destroyed property, including your vehicle and any other damaged property.
- Lost wages: This includes any amount of money you have lost as a result of your injury, including the opportunity to earn an income.
- Future economic losses: These include the cost of caring for any future children you may have if you become disabled in the future. These future costs are based on how long your injury will last, although they can be very unpredictable.
Common non-economic damages include:
- Pain and Suffering: This includes suffering you may have endured due to your injuries. If a person has been in a coma and is no longer able to recognize any of his/her family members, for example, he/she may be entitled to compensation for pain and suffering.
- Emotional pain or Anguish: This includes pain caused by emotional trauma. If a person has been in a crash that resulted in the death of someone, for example, that person may be entitled to compensation for emotional loss.
- Loss of Consortium: This is the loss of the right to enjoy the company and companionship of a loved one. It is not just the loss of physical companionship but also the loss of emotional support and affection. A person who has lost a spouse or someone he/she loved will be entitled to receive compensation for this loss.
- Disfigurement or disability: This includes the physical effects of a person’s injury or death, including scarring and other types of disfigurement. Any deformity caused by an accident will be compensated.
- Loss of Enjoyment of Life: This includes the cost of any care that any victim would have in the future. This could be a result of permanent disability, including clinical depression. A person who has suffered a loss in the enjoyment of life may be entitled to compensation.
Conclusion:
A truck accident lawyer can help you understand your rights, the nature of your injury and the full extent of your losses. If you have been injured in an accident that was caused by another driver, you need to speak with a lawyer as soon as possible in order to protect your rights and get the compensation you deserve. A qualified attorney will be able to help you understand what is at stake and how to move forward with a claim for damages.
