When it comes to a personal injury settlement, no one case is like the other. However, if a client is involved in an accident with a truck instead of a regular car, the extent of his or her injuries can be much more severe.
This difference does not necessarily mean that a trucking case is automatically worse than a car accident, but in many cases, they are much more severe, which makes the settlement amount much higher.
What Affects the Settlement Amount?
Many factors play into how much a settlement award will be in an accident, including both a trucking accident and car accident.
One of the major factors is the total cost of the accident victim’s medical expenses. Many times, truck accidents tend to involve injuries that are more severe and much more life-altering. Much of this has to do with the speed at which many truck accidents occur and the fact that a truck is a larger vehicle with a much stronger impact.
If any injury is severe, the effects of it will likely be long-lasting, which means medical bills will be higher and can last for much longer, as well.
This is not to say that a car accident will not result in a serious, long-lasting injury, but the likelihood of this occurring in a truck accident is statistically much higher. It is important that the victim have an attorney who can help him or her accumulate all medical bills and also properly estimate expenses, if they are expected to last into the indefinite future.
Truck accidents tend to cause more severe injuries, which will also result in the victim missing work due to these injuries. This time period of missing work can be significant if the individual needs a long time to recuperate and fully heal.
Sometimes, he or she will never truly be fully healed. The injury can be so severe that a total temporary or permanent disability has resulted from the accident. An attorney will help the victim acquire the necessary information from his or her employer to document the hours worked before the accident, the wages associated with the victim’s job and how much time was missed due to the injury.
If it is anticipated that the victim will never return to his or her job, this can result in a significant settlement amount, which will need to be calculated with assistance of an expert witness to testify regarding the injuries and how long they are anticipated to last. As stated previously, car accidents can result in these types of injuries, as well, but the likelihood of them resulting from a truck accident is somewhat higher.
The type of property damage to the driver’s vehicle is also much more significant in a truck accident. When a truck hits a normal-sized car, the car normally does not stand much of a chance of surviving.
If the person’s car is damaged, the insurance company will normally pay for the cost of repairs. If the car ends up being totaled, the individual will receive the full blue book value of the totaled car during the settlement process. This value will be added to the total of the settlement from the accident.
Pain and Suffering
Another portion of an accident settlement that is common from a trucking accident includes pain and suffering. This figure is much harder to determine and almost always requires an attorney to prove.
Pain and suffering is only awarded in significant accidents when the injuries are severe. Due to the fact that truck accidents almost always result in serious injuries, pain and suffering is a common factor played into determining a settlement.
Many considerations go into determining this, such as how much the injured party’s life has changed as a result of the accident, how much time he or she missed from work, what activities he or she is no longer able to do because of his or her injuries and whether other individuals, including dependents rely on the injured party and can no longer do this because of the injuries.
Legal fees are also awarded in accident settlements, depending on how much work needs to be done to get payment on the claims.
Personal injury attorneys can be paid on a contingency fee basis, which means that they do not get paid until the injured party gets paid. This money will come out of a settlement or the court verdict, if the case is not settled. The more work the attorney has to do, the higher the legal fees will be, as they are incorporated into the settlement amount.
Contact Us Today!
If you or a loved one has been injured in a truck accident, or any other personal injury situation, call Joseph Wilson for a free initial consultation. Call us at (678) 210-1546.