What Damages Am I Entitled to If I Am Injured in a Truck Accident?
Truck accidents are some of the most devastating and destructive accidents that occur on roads and highways across the country. Due to the massive size and weight of a typical commercial truck, it is often the occupants of the passenger vehicles involved in the accident that suffer the most catastrophic injuries, regardless of who caused the accident. If you were severely injured in a truck accident, and the truck driver involved in the accident was distracted, drowsy, impaired, or engaging in some other type of negligent behavior at the time of the accident, you may be entitled to significant financial damages by filing a personal injury lawsuit against the truck driver. A skilled truck accident lawyer will protect your legal rights, assist you with the claims process and ensure that you receive the maximum financial damages you deserve for your injuries.
What Are the Main Types of Damages I May Receive in a Truck Accident Claim?
The types of damages you are entitled to will depend on a number of factors, including the severity of your injuries and whether you are able to prove that the truck driver engaged in negligent behavior. The following are the main types of damages that you may be entitled to in a truck accident claim:
- Medical expenses: Truck accident victims often suffer extremely serious injuries, which require extensive medical care. These medical expenses can accumulate very quickly, particularly if you require surgery and long-term care. A truck accident lawyer will ensure that you are compensated for all current and future medical expenses associated with your injury, including hospital costs, surgeries, follow-up care, physical therapy, prescription medications and long-term care facility costs.
- Lost wages: A severe injury will likely prevent you from being able to return to work for an extensive period of time, which means that you may miss weeks or more of income.
- Property damage: In addition to the severe injuries, truck accidents often cause significant property damage to the passenger vehicle involved in the accident. A successful claim will cover the costs of repairs, or the replacement of your vehicle if your car was totaled in the accident.
- Pain and suffering: This refers to the physical and emotional injuries that you suffered following a truck accident. This includes the pain caused by the physical injuries as well as the emotional distress, depression, anxiety, loss of enjoyment of life and trauma associated with the accident. Some truck accidents may also suffer from post-traumatic stress disorder (PTSD), which can have a significant impact on quality of life.
- Loss of consortium: This refers to the inability to spend time with a spouse, children or loved ones due to the severity of the injury.
What Factors Are Considered in a Truck Accident Claim?
In order to receive the financial compensation that you are entitled to after a truck accident, you will need to file a personal injury claim with the truck driver’s insurance company. However, insurance companies are in the business of making money, and they will consider a number of factors before making a settlement offer, including the following:
- Who is at fault for causing the accident? Unlike accidents involving two passenger vehicles, truck accidents often involve multiple parties, including the truck driver, the truck company, and the manufacturing company. The process of securing financial compensation can become more complicated when there are multiple parties who may be liable for your injuries. In addition, if you are partially responsible for causing the accident, your compensation will be reduced by the percentage at which you were at fault.
- Are there multiple insurance companies involved? There may be several insurance companies involved in a truck accident case. For example, the truck company will have an insurance policy, and the truck driver may be covered by his or her own policy. This can complicate the process and may impact the settlement amount that you will receive.
- What are the total damages? There are a range of damages that you will likely be entitled to in a truck accident claim, particularly if the injuries you sustained were severe, or life-threatening. The following are examples of damages you may receive:
- Medical bills, including future and ongoing medical costs
- Lost wages
- Costs associated with repairing or replacing your vehicle
- Prescription medications
- Pain and suffering
- Wrongful death damages if the truck accident resulted in a tragic fatality
- Do you have a truck accident lawyer? It is highly recommended that you work with an experienced truck accident lawyer if you were seriously injured in a truck accident. These cases can be very complicated and truck companies often have a team of lawyers who work hard to protect the financial interests of the company. They will likely make a low-ball settlement offer that is rarely enough to cover the costs associated with the accident. A dedicated truck accident lawyer will protect your legal rights, negotiate with the truck company’s team of lawyers and insurance agents and ensure that you receive the maximum settlement amount that you deserve.
How Are Damages Calculated?
In order to accurately calculate your losses, your truck accident lawyer will collect a range of documents and evidence that will help prove and quantify the losses that you suffered as a result of the accident, including economic damages and non-economic damages, which are a bit more complicated to quantify. In addition, he or she will discuss your case with expert medical professionals who will be able to determine the value of your case. The following are examples of some of the documents that will help determine your losses and negotiate a fair settlement:
- Bank statements
- Documentation from your employer that proves the length of time that you are unable to work
- Medical bills
- Mental health counseling bills
- Pay stubs
- Property damage estimates
Dayton Truck Accident Lawyers at Wright & Schulte LLC Obtain Maximum Compensation for Truck Accident Victims
If you or a loved one was seriously injured in a truck accident, it is in your best interest to contact the Dayton truck accident lawyers at Wright & Schulte LLC as soon as possible. Our dedicated legal team will pursue the maximum financial compensation you deserve so that you can focus on recovering from your injuries. We will continue to fight for you until you are completely satisfied. To schedule a free, confidential consultation, call us today at 937-222-7477 or contact us online. Our offices are located in Dayton, Ohio, where we serve clients in Cincinnati, Columbus, Cleveland, Centerville, Toledo, Youngstown, and Miamisburg.