Truck accidents can be devastating. The sheer size and weight of a large truck can result in serious injuries and major financial losses. But if you have a claim, how do you know how much it’s worth?
The best way to know what your claim is worth is to call a truck accident lawyer. However, below, we explain how truck accident settlements are usually calculated.
Types of Truck Accidents in Texas
No two truck crashes are the same. The most common causes of truck accidents include:
- Careless driving
- Driver fatigue
- Driving under the influence (DUI/DWI)
- Failure to inspect the truck
- Improper loading
- Reckless driving e.g. running red lights
Truck Accident Injuries
Truck accident injuries can be severe. Common injuries in truck accident cases include:
- Broken bones
- Crush injuries
- Fractures
- Head trauma
- Internal bleeding
- Neck damage
- Organ damage
- Soft tissue injuries e.g. muscle or ligament damage
- Spinal cord damage
The most serious accidents can result in limb loss, paralysis, or death.
How Much Are Most Big Truck Accident Settlements?
In reality, there’s no average amount for a truck accident settlement. Every case turns on its own facts. However, there are a number of factors that influence how much a claim is worth.
Severity of Injuries
Injuries play a huge role in determining the truck settlement figure.
- Minor injuries have little to no recovery time. The lower your medical bills, the less you can claim.
- Serious injuries have lengthy recovery times. And in some cases, full recovery is not possible. These claims are typically worth more than minor injury claims.
- If a person dies from their injuries, then this also affects the value of the claim.
Generally, the more severe the injuries, the higher the settlement.
Number of Defendants
Sometimes, there’s more than one party to blame for your injuries. For example, you might need to sue the truck driver, their employer, or even the truck manufacturer.
If there are multiple defendants, and your injuries are severe, the case could be worth more than a simple claim.
Value of Losses
Personal injury claims seek to “restore” you, so far as possible, after an accident that wasn’t your fault. The value of your losses – how much it costs to make you “whole” again – influences the settlement value.
The more losses you can claim for, the higher the settlement. For example, losses you might claim for include:
- Burial costs
- Future loss of income (if you can’t return to work, or you can’t do the same job anymore)
- Funeral expenses
- Lost wages
- Medical bills
- Out-of-pocket expenses
- Property damage
- Rehab and long-term care costs
Types of Damages
In personal injury cases, victims typically seek economic and non-economic damages. These are normally enough to reflect their total losses. However, in some cases, it’s appropriate to seek punitive damages, too.
Punitive damages are designed to “punish” the defendant and deter similar behavior in the future. They’re not always awarded, but if they are, then they increase the truck accident settlement.
Truck accident claims may be higher value than, for example, car accident claims. This is because the injuries are often more severe in big truck accident settlements. Again, though, this is not a rule. Your lawyer can value your claim and explain what it’s worth.
How Are 18-Wheeler Accident Settlements Calculated?
The method for calculating settlement figures depends on the losses involved.
Economic Damages
- Some losses, such as out-of-pocket expenses, are easy to calculate. All we need to do is add up the totals from your receipts.
- Lost income is also easy to prove. You can show how many days you missed work and claim this as a loss.
- Are you claiming for property damage? You can get quotes and provide an estimate for the cost of repairing or replacing the property.
Non-Economic Damages
Other losses, such as pain and suffering, are much harder to quantify. The figure depends on factors such as:
- Whether you need long-term care
- If you need help performing daily tasks
- How much the injury has affected you mentally
- The impact of the injury on your personal life
- Your predicted loss of earning ability
Wrongful Death Claims
Did your loved one die from their injuries? You can claim for losses such as loss of income, and burial or cremation expenses. You might also claim non-economic damages, such as loss of companionship.
Wrongful death claims are complex. Call our truck accident settlement attorneys for help.
How Long Do Big Truck Accident Claims Take to Settle?
Tractor and trailer accident settlements can be complex. And without knowing the facts of a case, it’s hard to say how long it will take to settle. On average, though, truck claims take at least six months to resolve.
- Claims take longer to settle if the case goes to trial.
- If it’s a really simple claim, the case can settle in less than six months.
The timeline depends on, for example, how severe your injuries are and how many defendants are involved. Your attorney can explain what to expect based on the facts of your case.
Do I Need an 18-Wheeler Accident Attorney?
You can, technically, negotiate with insurance companies on your own. However, if you’re hurt after a truck crash, it’s important that you know your rights. Here’s why hiring an attorney is the recommended option.
- Sometimes, you need to sue more than one party to get all the compensation you’re entitled to. An attorney knows who to sue and how to prove the case.
- Personal injury claims have time limits. Hiring an attorney ensures that you won’t miss any filing deadlines.
- Evidence is key to proving your claim. Your truck accident attorney will gather evidence quickly so that it’s not lost or destroyed.
- Experienced truck accident lawyers know what your claim is worth. They can advise whether a settlement offer is fair or if you should push for more.
- If there’s no fair offer on the table, an attorney can take your case to trial. Going to trial could help you get the damages you deserve.
Get Help with Your Truck Accident Claim in Texas
Have you been in a truck crash in Houston? You need truck accident attorneys on your side. At AK Law Firm, our injury lawyers will help you get the truck settlement you deserve for your pain and suffering. We offer a free consultation and we don’t charge anything unless we win your case.
Our personal injury lawyers are on your side. Call today or complete our contact form for a free case evaluation.