If you have suffered injuries in a truck accident, you are probably aware that getting compensation is not as easy as filing a claim and simply waiting for a check. These cases are not simple because insurance companies tend to complicate matters in big-money cases.
That is why understanding things that might impact your payout is essential in case you decide to pursue a fair settlement. The six key factors impacting the compensation you may receive following a truck accident include:
The Severity of Your Injuries
The severity of the injuries is a factor that governs all truck accident cases. In the case of a car accident claim rejection, it is important to hire a lawyer early on in the matter. They will help you make a strong case. When a person suffers severe injuries, he needs to stay longer in the hospital. Further, they also might need lifetime medical care. All these can increase the value of your claim.
Medical documentation plays a huge role here. In-depth test results and doctor’s notes can help explain how you were affected by your injury and the work you can do. The better your medical records are, the stronger your case will be.
Medical Expenses and Future Treatment Needs
The most substantial part of your compensation is your past and future medical costs. This includes everything from ER visits and operations to rehab and prescription drugs. In very serious cases, treatment can be ongoing for a year or years, possibly for life.
A truck accident attorney will frequently consult with medical professionals to provide accurate estimates for future costs. This guarantees that your settlement will cover not only what you have already paid but also what you will need.
Lost Income and Diminished Earning Capacity
When an injury prevents you from working, the financial blow can be devastating. In truck accident cases, compensation usually includes lost wages for time you have already missed but should also include. If your injuries affect your ability to return to your old job, or if you cannot work at all, you may also be able to recover damages for lost earning capacity.
Pain and Suffering
Not all losses are financial; it can be emotional too. The physical hurt, anxiety, and suffering brought on by the accident fall under the category of pain and suffering. These non-economic damages are less tangible and harder to measure, but they are as real as your medical bills or wages lost.
Degree of Fault
In states following comparative fault, the compensation will be based on the degree of fault. Your compensation may be reduced by your percentage of fault for the accident. For example, your total recovery will be reduced by 20% if you are found to be 20% responsible because you were speeding.
Insurance Coverage and Policy Limits
In many cases, your recovery will mainly depend on the amount of insurance coverage available, regardless of how strong your case may be. The large commercial insurance policies carried by trucking companies often have widely differing limits. As a result of having multiple victims, the policy limit as a whole will be divided by all.
Conclusion
- These six elements give a broad indication of what affects compensation, but the outcome will always depend on the details of your scenario.
- Having an experienced personal injury lawyer on your side to explain your rights, help with damages, and negotiate a fair settlement can make a difference in your case.
- In a world of insurance companies only fighting for their bottom line, having someone fight for yours makes all the difference.
