What is My Truck Accident Claim Worth?
Legally Reviewed and Edited by: Terry Cochran
With over three million trucks on the roadways every year, it’s no surprise that they are involved in serious accidents with motor vehicles. If you’ve been injured in an accident involving one of these big rigs, and it wasn’t your fault, you’re most likely wondering what your truck accident claim is worth.
Sitting down with an experienced truck accident attorney to review your case is the first step to getting the maximum amount of compensation you are entitled to. The amount depends upon several factors, including the injuries sustained and any follow-up treatments.
While every accident is different, you’ll need to consider the following factors to determine how much your truck accident claim is worth.
Current and Future Medical Bills
When injuries occur, medical bills soon follow. Your personal injury attorney can thoroughly review your medical expenses and include these in your injury claims to ensure you receive enough to pay for all your current and future medical costs. This number includes future surgeries, procedures, or medical follow-ups needed.
Any identified future costs involving your recovery can add substantially to the worth of your claim. You may be able to add claims of physical and mental pain and suffering as well.
Rehabilitation and Caregiver Expenses
Besides medical bills, you can also include expenses for rehabilitation and any caregiver needs in your claim. Rehabilitation expenses include current and future physical therapy, occupational therapy, and speech therapy. If you need to hire a caregiver for any amount of time, you can also include these expenses in your claim.
Lost Wages and Future Income
While recovering from your injuries, you may find yourself unable to return to work right away. As a result, you can claim lost wages during this time. If you incur a loss of future income, you can also seek compensation for this as well. Your attorney calculates the amounts of future income loss and adds it to your claim.
Damage to Personal Property
Property damage can be extensive in accidents involving trucks. The damages recoverable are car repair costs, loss of use, change in car’s value, or a total loss. Also, include in your claim other personal property you may have had inside your vehicle at the time of the accident.
Personal property claims can include such things as a laptop, cell phone, eyeglasses, and sunglasses. Itemize each item on a list for your attorney, who will request replacement value amounts in negotiations with the insurer.
Suffering a Disability
Whether you suffer from a full or partial disability after an accident, you may be entitled to more compensation.
If you cannot work as a result of the disability, your legal team can calculate lost future income amounts and add these to your claim. To recover these lost wages and income, you will most likely need to file a lawsuit. Your attorney can also help you file for Social Security or Supplemental Security Income Disability, depending upon your needs and eligibility.
Insurance Policy Limits
Michigan is a no-fault state, meaning you will receive benefits from your insurance company to cover medical expenses and lost wages automatically. Often, the damages you suffer go beyond this amount, and seeking additional compensation is necessary.
Most insurance policies come with a maximum limit for payout on claims once you file your insurance claim. These limits are often set based on the policy, type of accident, and severity. By using legal representation when working with insurance companies on these claims, you can increase the likelihood that you receive the highest compensation possible for your injuries and other damages in your settlement offer.
The impact of negligence on your truck accident claim can be substantial. If you did not cause the accident, you can seek compensation from the negligent, at-fault driver. These parties can include more than just the truck driver. Truck companies, the truck owner, and even the truck and truck parts manufacturer can be held liable.
There are three types of liability to look for in any commercial truck accident. These include driver negligence, such as speeding, distracted driving, and disregarding of traffic signals and signs. The second one is vicarious liability, where fault usually falls on the truck driver’s employer, often the truck company. As long as the driver was on the clock at the time of the accident, your lawyer can assert vicarious liability.
Finally, the third type of liability centers on the negligent hiring and training of the driver by the employer. If the trucking company fails to conduct a thorough background screening and provide essential training of an employee, it may be held liable for any work-related accident involving the driver.
If you were partly responsible for the accident, you still may be able to recover compensation. Michigan allows for claims of comparative negligence when determining fault in an accident. A percentage of fault is first assigned to each responsible party. As long as they do not find you to be over 50% responsible, you can receive compensation from the other at-fault party.
Whether to pursue compensation for negligence in your case is another reason to seek legal advice. Together with your truck accident attorney, you can determine if this is the right course of action to take to add compensation to your claim.
There is no way to place a dollar amount on losing a loved one in a truck accident.
However, insurance policies usually come with a range of compensation to be potentially paid out where death occurs.
You can also file a wrongful death lawsuit. These lawsuits can result in large settlements, such as the $1.3 million settlement our firm negotiated for a client whose five-year-old son was killed in a semi-truck accident. As a result of this case, Cochran, Kroll & Associates, P.C. has become an advocate for such actions to lower the number of truck and car accidents in the state of Michigan.
Truck accident claims are often complicated and require thorough investigation and review to get just compensation. You will want to consider all factors and include the ones which relate to your particular situation. This is where a dedicated truck accident lawyer will be most beneficial.
Every truck accident case is unique, and it takes an experienced truck accident attorney to know how to go about placing a maximum value on your particular claim.
Contact Our Michigan Truck Accident Attorneys Today
With so many potential factors to consider when filing a truck accident claim, you’ll need an experienced attorney to help sort through them all and ensure you get
the maximum compensation you are entitled to. The attorneys at Cochran, Kroll & Associates, P.C., are experienced in working with insurers and trucking companies and will fight to ensure you receive the compensation you deserve.
Call our law offices today at 866-MICH-LAW and schedule your free consultation with one of our attorneys.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.