Truck accident settlements and verdicts vary greatly from case to case because the specific circumstances surrounding each accident are unique and require individualized responses. Because of this, there is no concrete number for the average payout for a 18 wheeler accident. In general, the value of your settlement is determined by how bad your injuries are and how much property damage was caused in the accident. Think of it like this – your settlement amount increases with the severity of your injuries and damages to your personal property. Of course, all of this depends on how your case is handled and if you have high-quality legal representation to help you gather the information you need and present your case. Let’s learn a bit more about the truck accident claims process and how a truck accident attorney can help you receive the settlement offer you deserve.
How Are Injury Settlements Calculated?
There are several elements to consider when going through the settlement process. Here are the three main factors insurance companies review when calculating your settlement after a semi truck accident:
- Liability – This is where the insurance company reviews all of the evidence related to your accident and determines if you are at fault or not. Even if you have some blame for the accident, that does not mean you will not receive any compensation. For example, Indiana is a comparative fault state meaning a person is only prevented from making a recovery if their fault outweighs the fault of all the other parties combined.
- Damages – Here, the insurance companies determine how much was lost or destroyed because of the accident. This includes considering things like medical costs, lost wages, loss of employment, pain and suffering, and property damage (even items in your car that were damaged, like a laptop).
- The terms of your insurance policy – Lastly, the insurance company will review the specific terms of the available insurance policies and determine how those policy limits affect your settlement amount. When it comes to negotiating with insurance companies, there are a lot of different ways to get the most favorable settlement. At Broadwing Legal, we know how to peel back the layers of insurance.
How Do You Determine a Reasonable Amount for Pain and Suffering?
There are a lot of moving parts to consider when trying to determine reasonable compensation for pain and suffering. This makes working through the settlement process almost impossible to do on your own, especially when you’re dealing with the harm caused by your accident. That’s why it’s best to work with a professional. Attorneys have the legal knowledge and skills to navigate the settlement process and can take care of things for you while you focus on recovering.
Here are just a few things that are considered when calculating appropriate payout for pain and suffering:
- Was your employment impacted by the harm caused from the accident? Did you lose your job? How long will you be unable to work?
- How expensive are your hospital bills? This includes physical and mental health therapy.
- Will you need additional medical treatments or medication?
- How was your day-to-day life affected? This includes things like your ability to brush your teeth, tie your shoes, complete household chores, and the guilt of having to rely on a spouse (or another family member) as a caregiver.
How Long Does It Take To Settle an 18 Wheeler Accident?
Just like there is no average settlement amount for 18 wheeler accidents, there is also no specific timeline for the settlement process – everything really depends on your individual circumstances. A typical truck accident settlement can take anywhere from months to years to process. The unique timeline of your specific case will depend on:
- The complexity of your case.
- If the amount of insurance coverage available is making it difficult.
- The legal system of your state, and if the accident happened out of state.
- How bad your injuries are.
- How much was damaged and how bad the damage is.
- How many people were involved in the accident?
How Can Working With an Attorney Help You Get A Better Payout From Your Settlement?
Personal injury lawyers have the education and experience needed to gather evidence and present a compelling case that leads to a fair settlement offer from your insurance company. An attorney will help you gather the information you need to create a solid foundation for your case and will offer you support throughout the entire negotiation process. Ultimately, your attorney’s goal is to get your settlement as close to full compensation as possible. A personal injury lawyer can helps you collect and analyze critical information like:
- Footage from any forward or driver-facing cameras.
- The data from the truck’s black box.
- Driver and maintenance records.
- Eyewitness testimony.
- Medical bills.
- Medical treatment history.
- Property damage.
- Projected costs of future medical treatment.
- Lost wages.
- Loss of employment.
Additionally, you need an attorney who has experience working with truck accident cases specifically. However, many lawyers don’t know how a truck accident differs from a car accident. At Broadwing, we’re versed in the Federal Motor Carrier Safety regulations, so we’ve got you covered.
Although average settlement amounts for 18th wheeler accidents change on a case-by-case basis, one thing is for certain: the average cost of a commercial truck accident is absolutely devastating. Which is why it’s critical for you to have the best legal representation possible. At Broadwing Legal, we specialize in trucking and car accidents and have the insight you need to properly develop and win your case. Our experienced attorneys are here to be your advocates and fight for your rights and go up against the big insurance companies. Learn more about how we have helped people win their cases or reach out today for a free consultation.
