How Much Are Truck Accident Claims Worth?
No two truck accidents and no two people are exactly alike. If you have been hurt, looking at truck accident claims that have been filed in the past can give you some indication of what to expect. However, it cannot guarantee that you will receive the same amount of damages because your accident, injuries, and you are unique from any other. Below, our San Antonio 18-wheeler accident lawyer explains some of the guidelines you can use to estimate the full amount of compensation you can expect to receive.
Who was Liable for the Accident?
There are many parties that can be found liable for a truck accident. The insurance policies that cover truck drivers usually have very high limits. Trucking companies also can have their own excess or umbrella insurance policies. Manufacturers of trucks and truck parts also have insurance policies with high amounts. Often, more than one of these parties can be held responsible for causing the crash. As such, you can file a claim against each liable party and have a better chance of obtaining the full damages to compensate you for the value of the quality of life and other damages that have been taken from you.
You may also be found partly liable for a truck accident. Under the comparative fault law in Texas, even if you contributed to the accident, you can file a claim for damages. However, if a jury finds you 51 percent or more at fault, then you would be barred from any recovery. If a jury finds you partially at fault (50% or less), then any compensation you are awarded would be reduced by your percentage of fault.
The Losses You Incurred
The compensation available in truck accident claims is intended to restore you as wholly as possible to the position you were in before the crash. One way to estimate the compensation you can receive is to create a list of all of your losses and add them together. Some of the most common damages awarded in truck accident cases are as follows:
- Medical expenses (Past, Ongoing, Future)
- Lost income (Past, Ongoing, Future)
- Diminished earning capacity, if you cannot return to the same line of work in the future
- Property damage
- Disfigurement (Past, Ongoing, Future)
- Physical Pain and Suffering (Past, Ongoing, Future)
- Physical Impairment (Past, Ongoing, Future)
- Loss of enjoyment of Life (Past, Ongoing, Future)
- Mental anguish, depression, and emotional difficulties (Past, Ongoing, Future)
- Loss of Household Services (Past, Ongoing, Future) (compensation to the spouse of the injured person)
- Loss of Consortium (Past, Ongoing, Future) (compensation to the spouse of the injured person)
- Wrongful Death (compensation to the spouse, parents, and children of the person wrongfully killed)
Whether You Work with a San Antonio 18-Wheeler Accident Lawyer
You are never required to work with an attorney when filing a truck accident claim. Still, studies have shown that accident victims who work with a personal injury lawyer receive much more compensation than those who do not. This is largely because attorneys know how to accurately value claims, collect evidence, identify all liable parties, and will negotiate with all insurance companies involved for a fair settlement. For these reasons, it is always recommended that accident victims work with a lawyer, even though there is no legal requirement to do so.
Our 18-Wheeler Accident Lawyer in San Antonio Can Advise on Your Case
If you have been seriously injured in a crash, our San Antonio 18-wheeler accident lawyer at the Law Office of Israel Garcia can provide the sound legal advice you need. Call us now at 210-LAW-9999 or contact us online to schedule a free consultation with our knowledgeable attorney and to learn more about how we can help you claim the full compensation you deserve.
Sources:
statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm
statutes.capitol.texas.gov/Docs/CP/htm/CP.33.htm
