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 can be catastrophic and leave victims in need of a fair, fast settlement.
Good settlements for truck accident injuries should cover all medical procedures and doctor visits resulting from the accident, as well as any lost wages or pain and suffering. We can help you get the fair settlement you deserve by overseeing negotiations with the defense, emphasizing your losses during settlement discussions, and leveraging the strongest evidence we have of liability.
To get a free case evaluation from our Arlington, TX truck accident attorneys, call The Queenan Law Firm at (817) 476-1797.
How Do You Know What is a Good Truck Accident Settlement in Texas?
You need to know whether a settlement offer is good or not before you decide to accept it or reject it. Our lawyers can make sure you know your claim’s value before suing, so you know if a settlement is worth accepting.
To start, you will know if a settlement is good if it covers all your economic damages. Economic damages include lost wages, medical expenses, and property damage expenses. We can keep organized records of all economic damages to support our calculations and compel a good settlement.
Any good settlement should also compensate the victim for their pain and suffering. Bad settlements leave out non-economic damages, which is unfair to victims who sustain life-altering, disabling, or especially painful injuries during truck accidents.
How Does Sharing Fault Affect Truck Accident Compensation in Texas?
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.
No Damages
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.” In Texas, 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, according to Tex. Civ. Prac. & Rem. Code § 33.001.
Some Damages
However, 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.
How Do Medical Damages Affect a Truck Accident Lawsuit Settlement?
A significant factor in determining a good settlement is appreciating 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.
Current Damages
You might incur medical damages immediately when paramedics transport you from the crash site to a nearby hospital. After being admitted to the emergency room, you may be taken directly to surgery and evaluated by physicians.
All of this adds up very quickly, even if you are only in the hospital for a few hours. If you need to stay for days, you will incur even more medical expenses, which will increase the value of your lawsuit.
Future Damages
Your future medical expenses are often a large portion of your total medical compensation. Unfortunately, because of the massive size of most commercial trucks, victims’ injuries 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.
Can You Recover Lost Wages from a Truck Accident Lawsuit Settlement?
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.
Getting Pain and Suffering for Injuries from 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.
Calculating Damages
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.
Maximizing Damages
In many cases, compensation for pain and suffering is the most significant portion of a personal injury settlement. These types of damages are also rarely ever fully compensated for in an insurance settlement. Maximizing your award for pain and suffering often requires taking your case to trial and testifying in court.
FAQs About Truck Accident Settlements in Texas
How Common Are Truck Accident Settlements in Texas?
Settlements are common in truck accident cases, as they are in most personal injury lawsuits in Texas. Both plaintiffs and defendants often prefer settling to save the time and resources required for a trial.
Why is the First Truck Accident Settlement Offer So Low?
The first truck accident settlement you receive may be far lower than you would ever consider accepting. This is intentional by the defense, just in case you need some compensation urgently enough that you would accept the bad offer and resolve the case.
How Long Until You Get Your Tuck Accident Settlement?
How long it takes to reach a settlement in a truck accident case depends on multiple factors, such as your damages, how quickly you need compensation, and how open the defense is to negotiations.
How Will You Receive Your Truck Accident Settlement Money?
If you get a lump sum settlement, the entire truck accident settlement amount will be paid to you at once. If you get a structured settlement, you will get payments over time.
What if You Can’t Get a Good Truck Accident Settlement Offer?
If there is no meaningful progress in negotiating a better settlement because the defense is too stubborn, you can take your case to court. Sometimes, this alone is enough to generate a better settlement offer that you’re comfortable accepting to avoid a trial.
How Hard is Getting a Good Truck Accident Settlement?
Getting a good settlement for a truck accident is not easy, so you may benefit significantly by having our experienced lawyers handle negotiating the settlement and tracking your damages.
Should a Good Truck Accident Settlement Cover Property Damage Costs?
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 depends on the type of car you have and the extent of the property damage. 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
To have our Arlington, TX personal injury lawyers review your case for free, call The Queenan Law Firm at (817) 476-1797.