Commercial trucks, such as 18-wheelers, are much heavier and larger than most other vehicles on Texas highways. Because of their massive size, when a truck is involved in an accident with a smaller passenger vehicle, the potential injuries could be catastrophic. Determining an average settlement amount in a personal injury suit is impossible due to all the factors involved with a commercial truck accident. At The Queenan Law Firm, P.C., our lawyers and staff will evaluate the circumstances of your situation to give you a good faith estimate of your case’s value. Below, our Arlington, TX truck accident attorney takes a closer look at the considerations surrounding a recovery amount in a personal injury lawsuit.
Determining Damages and Liability in a Texas Truck Accident Case
In a personal injury lawsuit after a truck accident, one critical element that plays a role in your potential settlement is the ability to prove the truck driver or trucking company was at fault. The more persuasive evidence available that the truck driver acted negligently, the greater chance you will have of receiving a significant recovery.
When you file a lawsuit with a personal injury lawyer in Texas, it is essential to remember that the state follows the “modified comparative fault rule.” Under this legal doctrine, fault is proportioned out among all parties involved in an accident. If it is determined that you were more than 50 percent to blame for the accident, you are prohibited from recovering damages through a lawsuit. Furthermore, if you are found to be less than 50 percent at fault, any award will be reduced by the percentage that you were to blame. For instance, if you were awarded $100,000, and your actions contributed 40 percent to the crash, your total compensation would be reduced to $60,000. You need our aggressive Dallas truck accident lawyer arguing against any allegations that you were to blame.
Medical Expenses and Rehabilitation Costs After a Truck Accident in Texas
A significant factor in determining your damages is the severity of your injury and the medical expenses related to your recovery. The compensation you are entitled to includes any past expenses you incurred before filing a lawsuit with our Fort Worth truck accident attorney, as well as any anticipated future medical and rehabilitation costs.
Your future medical expenses are often a large portion of your total medical compensation. Unfortunately, because of the massive size of most commercial trucks, the injuries suffered in an accident are frequently very serious or life-altering. Depending on the severity of your injury, you could be facing multiple surgeries and years of physical or occupational therapy. In some cases, the injury is permanently debilitating, requiring expensive medical equipment in the home or around the clock care.
Recovering for Lost Wages and Future Earnings After Texas Truck Accidents
Because of the severity of injuries sustained in accidents with commercial trucks, many people miss substantial time at work. In some instances, a person is unable to return to work at the same capacity, if at all.
When an injury negatively impacts your ability to earn a living, you are entitled to recover not only your lost wages but also the income you would have earned if you were not injured. Each victim is unique in terms of their injuries and their employment. Our Houston truck accident lawyer will work with your employer and, if necessary, with financial experts to calculate the total amount of income you would have lost because of the accident.
Awards for Pain and Suffering for Injuries Suffered in a Texas Truck Accident
Medical expenses and lost income are known as economic damages. These types of damages are usually not difficult to calculate. However, you are also entitled to recover non-economic damages through a personal injury lawsuit. Pain and suffering are related to the severity of your injuries, but quantifying the amount you deserve is more challenging.
To calculate pain and suffering, our Irving truck accident attorney will look at the severity of your injuries, the time you missed from work, the pain associated with your recovery, and how the injuries impacted your ability to enjoy life and engage in the activities you used to before the accident. If the injuries affect other family members, such as your children or spouse, our office will factor in their experiences as well. Every person is different, and no one reacts to an injury in the same way.
In many cases, compensation for pain and suffering is the most significant portion of a personal injury settlement. These types of damages are also usually never fully compensated for in an insurance settlement. Maximizing your pain and suffering award often requires taking your case to trial.
Compensation for Vehicle Damage and Property Damage in a Texas Truck Accident Case
While the bulk of your recovery will usually be for medical expenses, financial losses, and pain and suffering, you are also entitled to compensation for any property that was damaged or destroyed in the accident. The cost of repairing or replacing your vehicle will depend on the type of car you had and the amount of damage sustained. These damages are typically straightforward but will differ from case to case.
Call Our Texas Truck Accident Attorney to Help Maximize Your Personal Injury Settlement
People who are injured in accidents involving commercial trucks could be facing significant medical expenses, lost income, and a lifetime of pain. Because these massive vehicles can cause devastating injuries, the settlement awards can be substantially higher than ordinary car accidents. Because of the factors involved in a crash with a commercial vehicle, it is almost impossible to give an average settlement amount. However, our Arlington, TX personal injury lawyers are dedicated to maximizing your recovery. Call The Queenan Law Firm, P.C. at (817) 476-1797 to schedule a free consultation.