Truck accidents can lead to devastating consequences for the victims involved. Since semi-trucks are so much larger heavier and heavier than other types of vehicles, they can cause a lot of damage, even at low speeds. If you or a loved one were hurt in a truck accident, you might wonder what the average settlement looks like.
Below, we’ll cover some of the most important factors to consider when it comes to your settlement for a truck accident claim—and how you can work towards the fullest compensation possible for your damages.
To discuss your truck accident case for FREE, call John Foy & Associates at (404) 400-4000 or contact us online today. We have been helping truck accident injury victims win the settlement they deserve for over 20 years. Let us give you a FREE consultation. Call (404) 400-4000 to get started now.
The Average Settlement in a Truck Accident Claim
When it comes to truck accidents, there are so many factors to consider. Depending on the circumstances, every accident can look so different. For this reason, there is no set average settlement for these types of accidents.
Although we can’t provide one average number, we can look at the facts surrounding the average truck accident and the victim’s damages. From there, it can give you an idea of what to expect when seeking a fair settlement.
Here are the factors we’ll look at:
- Who was at fault
- The severity of your injuries
- The full cost of your medical care
- Your lost wages
- Property damages
- Pain and suffering damages
When you schedule a consultation with an experienced truck accident lawyer, they can examine each of these factors to determine the value of your settlement.
1. Determining Who Was at Fault
One of the first things you and your truck accident will discuss is fault. In Georgia, the negligent party in an injury accident is responsible for all damages (Georgia Code section 51-1-6). In other words, someone must have been careless in their actions (or inactions) that directly led to the accident and your injuries.
In most truck accident cases, the truck driver was mostly at fault. However, you will need to prove that they were at fault and thus liable for your damages. Depending on the details of your accident, this might be easier said than done.
Also, truck accidents can sometimes have more than one at-fault party. Besides the truck driver, the trucking company, a parts manufacturer, or even a maintenance company could be at fault. In addition, if another driver was partially at fault, that would impact how the case is handled and damages are awarded. Your lawyer may need to do a lot of investigation to determine exactly who was at fault for the accident (and to gather evidence to prove that fault).
2. The Severity of Your Injuries
Truck accidents often lead to serious, even life-threatening, injuries. You and your lawyer will need to consider not only the cost of your injuries but also how they affect your day-to-day life. If you can no longer do certain things you used to because of your injuries, you are more likely to receive a higher settlement.
3. The Full Cost of Your Medical Care
You’ll also need to keep track of all medical costs resulting from the truck accident. Medical costs can be hundreds, hundreds of thousands, or millions of dollars depending on the severity of your injuries the type of treatment you require.
Medical costs can include:
- Doctor bills
- Hospital bills
- Prescription medications
- Physical therapy
- Travel to and from doctor appointments
- Future medical costs
If your injuries are very serious, you will likely have a lot of bills. Medical care typically makes up the largest portion of a truck accident claim—so, the higher your medical costs, the higher your settlement value will likely be.
It’s important that you account for both current and future medical costs, as well. Serious injuries may require weeks, months, or years of treatment. Some injuries (such as catastrophic injuries) never fully heal. These are all factors that you should discuss with a trusted truck accident lawyer when calculating damages for your claim.
4. Your Lost Wages
If you had to miss work time because of the truck accident and your medical treatment, you can claim that missed time as “lost wages.” To prove lost wages, you may need to include former pay stubs and documentation from your employer in your claim.
In some cases, you might be unable to return to the same type of work at all. If your injuries affect your job and employment, you may be able to claim “loss of earning capacity,” as well. Your lawyer will include any of these losses in the full value of your settlement.
5. Property Damages
The sheer size and weight of a large truck in a collision often mean serious damage to other vehicles. Many times, the victim’s vehicle is totaled in a truck accident. Whether your vehicle is totaled or requires certain repairs, these losses should be included in your settlement.
The amount of settlement you receive for vehicle damage will depend on the type of vehicle you have, the severity of the damage, and how willing the insurance company is to accept liability for the accident.
6. Pain and Suffering Damages
Unlike the above damages, “pain and suffering” accounts for non-economical damages. Pain and suffering may include:
- Physical or emotional pain and suffering from your injuries
- Loss of enjoyment of life
- Fear, humiliation, or anger
- Anxiety or depression
Pain and suffering damages are not as straightforward as medical bills or lost wages. You will need the help of an experienced truck accident lawyer to determine how much your pain and suffering is worth from a money standpoint.
Talk to a Truck Accident Lawyer in Georgia for Free Today
Each of the above factors will be considered when calculating the settlement value of the truck accident case. You should also be aware that the insurance company will likely offer you a settlement that is way below the amount you and your lawyer calculate. Whatever you do, never accept the first offer.
You will need a lawyer who knows how to negotiate for a settlement that is actually fair to you. The goal is to get you full compensation for your damages. At John Foy & Associates, we have been doing just that for countless truck accident victims of the past 20 plus years. To discuss your case with us during a FREE consultation today, call (404) 400-4000 or contact us now.