Eighteen-wheelers seem to dominate Texas highways, providing a vital link in the chain of commerce. When these massive commercial trucks are involved in accidents, the consequences are often devastating. Unless you have experience handling these kinds of lawsuits, knowing what your case should be worth is difficult.
Every case is unique, and so we cannot tell you what your case is worth without examining your specific facts. Additionally, averages are hard to come by because most settlements do not go through court, and many that do are confidential. However, most cases involve at least medical bills, lost wages, and pain and suffering damages.
Call The Queenan Law Firm’s Texas truck accident lawyers at (817) 476-1797 today for a free case evaluation.
Calculating Your Settlement Damages After an 18-Wheeler Accident in Texas
Whether you settle with an insurance company or take your case to trial, your damages typically comprise both economic and non-economic damages.
Economic Damages
Economic damages are usually the easier of the two to calculate and consist of your financial losses associated with your injury. This includes medical expenses, lost income, and property damage.
Our Arlington, TX personal injury attorney will review receipts, pay stubs, and other documentation to calculate your economic losses. If your injury prohibits you from working again or limits your ability to earn an income, we will turn to financial experts to estimate your future lost earnings.
Non-Economic Damages
Non-economic damages are much more challenging to calculate but can be substantial. You can recover for your emotional stress, anxiety, or other mental conditions arising from the accident and your injuries.
These damages can account for your mental anguish, your pain associated with rehabilitation, and any humiliation or embarrassment you might suffer due to scarring or disfigurement. Your family is potentially even entitled to compensation for loss of consortium damages for the harm your injury causes them.
How Injuries in an 18-Wheeler Accident Impact Your Settlement Amount
The severity and impact of your injuries following an accident with an 18-wheeler will directly impact your settlement amount. If your injuries are life-altering, such as a spinal cord injury that results in paralysis, you are likely to receive a higher financial award than if you fractured a wrist.
It is crucial that you document your injuries and follow through with any medical treatment prescribed. With strong evidence, such as medical records and doctors’ reports, our office can seek the appropriate compensation.
Increasing Your 18-Wheeler Accident Settlement Amount in Texas
The following factors can increase the amount of money your case is worth and put you in a stronger position to claim high damages:
- More severe injuries are worth higher damages.
- Higher pain and suffering usually goes along with more serious injuries.
- When you have stronger evidence, and evidence of each dollar of damages and each element of the case, your claim is much stronger.
- We should begin building your case as soon as possible. You do not want to lose vital evidence, decreasing your chances of success.
- Victims who are totally innocent can receive higher damages than victims who share fault.
FAQs for Truck Accident Settlement Amounts in Texas
Are Awards and Settlements Different?
A settlement is the amount of money you and the defense agree will be paid to end the case. When you accept a settlement, there is no judicial review to account for whether it is correct, and no jury determines the amount. You essentially just agree that that is enough money to stop you from continuing your case.
Contrast that with awards, which are made by juries after hearing all of the evidence in the case. Awards tend to reflect how much the court actually thinks the case is worth, versus the price of just ending the lawsuit.
Why is it Hard to Find the Average Settlement?
Most cases do not go to court, and settlement amounts are often confidential. This makes it hard to gather statistics on settlement amounts in the first place, let alone calculate averages.
Additionally, insurance companies and trucking companies often keep their settlements private so that people do not get the idea that they will roll over and pay high damages in every case. If large settlement numbers leak, it can attract more people to bring lawsuits against trucking companies in an attempt to make a buck.
Keeping these amounts confidential often helps victims whose cases need to go to trial stand on their own and have their case viewed for what it is, rather than as one of many cases in a series.
Is There a Ballpark Range I Can Expect for My Truck Accident?
You can give a quick estimate of your damages by taking the following steps:
- Add up all medical bills, vehicle repair bills, and other expenses caused by the accident.
- Calculate your lost income now and estimate how much income you will miss. E.g., if you will never work again, multiply your last paycheck by the number of paychecks you would have gotten through retirement age. If you are already back to work full-time, skip this.
- Rate your pain on a scale of 1.5 to 5 and multiply that by the rest of your damages to estimate your non-economic damages.
Our lawyers can provide a much more specific damage assessment and check with financial experts about lost earnings projections, and we can help with more accurate pain and suffering assessments.
Are Truck Accidents Worth More than Car Accidents?
Often, truck accidents can settle for higher damages than car accidents for a few reasons:
- The damages and injuries are often worse because 18-wheelers are so big and heavy and cause more damage.
- Commercial drivers often have higher insurance, allowing them to cover higher settlements than everyday drivers.
- Trucking companies can be held responsible for their drivers’ conduct, and these companies can often pay more than the average driver.
In every case, the damages are tied to the harms you actually faced, so your case can only be worth more if it is factually, provably worth more.
Should I Settle with Insurance or Sue in Court?
If the insurance company is willing to cover your case in full, your case can be settled. However, you should always have a lawyer review the case and negotiate for higher damages if the insurance carrier’s calculations are wrong.
If they refuse to settle for a fair amount, we can take them to court. Even then, you can still settle if they improve their offer. We only typically need to go to trial if the insurance carrier has made it clear they will not settle for a fair value.
Call Our Texas 18-Wheeler Accident Attorney to Discuss Your Potential Settlement
Call (817) 476-1797 for a free case evaluation with the Texas truck accident lawyers at The Queenan Law Firm today.