If you recently suffered severe injuries in a semi-truck accident, you are probably experiencing considerable financial strain as you struggle to recover. Medical expenses can add up quickly, and keeping up with your bills could be even more difficult if you’re too hurt to work. At times like these, it’s natural to wonder how much money you could get from a truck accident settlement.
It’s important to understand that every truck accident case is unique, so there is no true “average” settlement. The amount you might receive depends on many factors, including the severity of your injuries, the financial and personal costs associated with them, and the degree of fault other parties bear for the crash.
Consulting our experienced truck accident lawyers is the best way to understand what to expect, given the specifics of your case. Contact David Blackwell Law now for a free case review.
How Truck Accident Settlement Amounts Are Determined
When you discuss your truck accident case with an attorney from our law firm, we will consider numerous factors to determine how much you could obtain from a settlement. Let’s explore some of these factors and discuss how they could affect your truck accident settlement amount.
Percentage of Fault
Fault distribution can significantly impact your settlement amount in a truck accident case. When determining fault, insurance companies, attorneys, and the courts look at the actions of all parties involved. If conclusive evidence shows the truck driver or another party is entirely at fault, your settlement could be higher. However, if you share some responsibility for the crash, your settlement might decrease based on your percentage of fault.
Various factors can affect the distribution of fault in a semi-truck accident case, such as witness statements, accident reports, and tickets for traffic violations. Our attorneys can gather evidence and build a strong case showing that other parties are at fault to maximize your compensation award.
Injury Severity
The severity of your injuries can also greatly influence your truck accident settlement. Serious injuries often lead to higher settlements because they require more extensive medical treatment and longer recovery times. More severe injuries also typically impact your life more significantly, affecting your ability to work and participate in hobbies and activities you enjoy.
The insurance company will consider your medical expenses, including the costs of hospital stays, surgeries, and therapies when calculating your settlement. They will also account for income losses if you cannot work for an extended period. If your injuries require future medical care or affect your earning potential, your attorney will also demand consideration for these projected losses.
Medical and Physical Therapy Bills
Your medical and physical therapy bills will also be key factors. After an accident, you might require immediate medical attention, such as emergency room treatment, surgeries, and hospital stays. These costs add up quickly and can significantly impact your settlement. Any ongoing medical care you need, like follow-up visits, medications, or specialized treatments, will also factor into your payout.
Physical therapy is often necessary for recovering from severe crash injuries. These sessions can be frequent and lengthy, leading to substantial expenses. The settlement your attorney demands will aim to cover all these medical and therapy costs so you don’t bear the financial burden. This is why it’s so important to keep detailed records of all medical treatments and bills to support your claim. Accurate documentation allows your legal team to demonstrate the full extent of your medical expenses and secure a fairer settlement amount.
Pain and Suffering
Pain and suffering are important components of your settlement amount in a truck accident case. Pain and suffering are more challenging to quantify than medical bills or property damage costs. They refer to the physical pain and emotional distress you experience due to the accident. This includes ongoing pain, mental anguish, anxiety, depression, and loss of enjoyment of life.
To determine compensation for pain and suffering, insurers look at the severity of your injuries, the length of your recovery, and the impact on your personal and professional life. Testimony from medical professionals and psychologists, as well as your statements, can support your claim. The more significant the pain and suffering, the higher the potential settlement amount.
Lost Wages
Income losses play a major role in determining settlement amounts for truck accident cases. If your injuries prevent you from working, you might lose income during your recovery period. Your lawyer will demand a settlement to compensate you for these lost earnings and any projected losses in your future earning potential. Compensation for lost earning potential could be appropriate if your injuries result in a long-term or permanent disability that renders you unable to return to your previous job.
Your legal team will gather evidence, such as pay stubs, tax returns, and employer statements, to show the income you have lost and could lose in the future. If the accident affects your current and future income, your settlement should be larger to more accurately reflect the financial impact of the accident.
Property Damage
Property damage is another factor in truck accident settlements. The damage can be extensive when a large truck collides with a smaller vehicle. Your settlement will likely cover the replacement cost if your car gets totaled. Even if your vehicle is not a total loss, repairs can be costly, and your settlement should cover these repair expenses.
The more severe the property damage, the higher the compensation you might receive. Insurance companies assess the extent of the damage through repair estimates and appraisals. Adjusters consider these assessments when determining settlement offers. Proper documentation, including photos and repair bills, can support your claim for higher compensation based on property damage severity.
Availability of Evidence
Robust and clear evidence can lead to a higher settlement by clearly establishing fault and demonstrating the extent of your losses. Key pieces of evidence include police reports, witness statements, and photographs from the accident scene. Documentation like medical records, pay stubs, and repair bills can also provide crucial support for your claim.
Your attorney will gather and organize this evidence to build a compelling case. They might also use expert testimony from accident reconstruction specialists, medical professionals, and financial analysts. These experts can clarify complex details and strengthen your position.
A lack of evidence could weaken your case and result in a lower settlement. Comprehensive and well-documented evidence, on the other hand, can strengthen your claim and lead to a higher payout.
Wrongful Death
If someone close to you dies in a truck accident, you could be entitled to compensation from a wrongful death claim. This type of claim covers various losses resulting from the person’s death, including funeral and burial expenses, loss of financial support, and loss of companionship. Wrongful death settlements aim to alleviate the financial burden on families and provide a measure of closure.
Factors that can affect wrongful death settlement amounts include the deceased’s age, earning capacity, and role in the family. These settlements can also account for the emotional pain and suffering the surviving family members experience. Evidence like death certificates, income records, and testimony from affected parties can strengthen these claims.
Liability Insurance
Commercial trucking companies typically carry substantial liability insurance policies to cover potential losses from truck accidents. The limits and coverage details of these policies can significantly impact your settlement. If the trucking company has high policy limits, you could receive a larger settlement to cover your injuries, lost income, pain, suffering, and other losses.
Your legal team will investigate the trucking company’s insurance policy to understand the available coverage. They will consider factors like the policy’s maximum payout and your total losses, then negotiate based on these factors. Proper negotiation and documentation are vital to maximizing your compensation in a truck accident injury case.
How Trucking Insurance Minimums Can Affect Your 18-Wheeler Accident Case
Federal and state laws require trucking companies to carry minimum liability insurance to cover losses resulting from truck accidents. The minimum liability insurance for trucks typically depends on the type of cargo they carry and whether they operate across state lines. For example, trucks carrying non-hazardous materials usually need a minimum of $750,000 in liability coverage, while trucks carrying hazardous materials require higher coverage amounts.
These high liability insurance minimums ensure victims receive adequate compensation for injuries, lost income, and other accident-related losses. However, trucking insurance policies with only the minimum coverage might not always be enough to cover extensive losses from severe accidents. Your truck accident lawyer can evaluate the trucking company’s insurance policy to determine the available coverage. If your losses exceed the policy limits, they might explore additional sources of compensation, such as the trucking company’s assets.
Contact a South Carolina Truck Accident Attorney Now
If you got hurt in a tractor-trailer accident in South Carolina, contact David Blackwell Law today. We offer a free initial consultation to discuss your case and your best legal options. Our truck accident attorneys are here to fight for the compensation you deserve, and we won’t charge you a fee unless we win that fight.
Contact us now to arrange your free case review and take the first step toward getting the legal help you need.
