18-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. If you are injured in a truck accident, you might wonder what your settlement could be. Our Arlington, TX truck accident attorney really cannot give you an average amount because each case is unique. At The Queenan Law Firm, our estimates are based on the circumstances surrounding your accident. Below, we discuss how to value your personal injury claim.
Calculating Your Settlement Damages After an 18-Wheeler Accident in Texas
Our law office will look at several factors to calculate what your settlement, or damages, could be following an accident involving an 18-wheeler. Damages is a legal term for the monetary compensation you can recover through an insurance settlement or personal injury lawsuit.
Whether you settle with an insurance company or take your case to trial, your damages are typically comprised of economic and non-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 are much more challenging to calculate but can very substantial. You can recover for your emotional stress, anxiety, or other mental conditions arising from the accident and your injuries. Our lawyer will fight to see that you recover for your mental anguish, your pain associated with rehabilitation, and any humiliation or embarrassment you might suffer due to scarring or disfigurement. You are even entitled to compensation for loss of consortium and loss of enjoyment of life. By working closely with you, your loved ones, and experts, our Houston truck accident injury attorney will be able to estimate your non-economic damages.
Factors Influencing Your Settlement Amount After an 18-Wheeler Accident in Texas
Before we begin to calculate the amount of damages you could be entitled to, we must establish fault. If you are injured in Texas and it is the fault of the truck driver, you could receive compensation for your injuries as well as other damages. However, Texas follows the “modified comparative fault rule.” Under this rule, an injured person is prohibited from recovering damages if they were more than 50% responsible for causing an accident.
That is not all. If you were less than 50% responsible, your potential compensation would be reduced according to your contribution to the accident. Fault will be proportioned between all parties involved in an accident. This means that if you were 35% to blame for the crash, your recovery would be reduced by 35%. It is crucial to have our experienced Fort Worth truck accident attorney working on your behalf and fighting against any allegations that you were at fault.
Our law office will collect the necessary evidence and hire experts to help establish that you were not at fault. In some cases, determining fault is not difficult, such as being rear-ended by a commercial truck or struck by an 18-wheeler while at a stoplight. However, in others, what occurred is more ambiguous. In those situations, our lawyer will work to maximize your settlement by minimizing your fault.
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. By retaining the services of our Dallas truck accident attorney from the beginning, we will be able to work along with your healthcare providers to ensure there is sufficient evidence of the severity of your injuries. With this evidence, our office can seek the appropriate compensation.
Increasing Your 18-Wheeler Accident Settlement Amount in Texas
If you were in a truck accident on Interstate 20 in Texas, or any other highway in Texas, you should contact our office immediately. To increase your potential settlement, our office should begin building your case as soon as possible. You do not want to lose vital evidence, decreasing your chances of success. Furthermore, under the Texas statute of limitations, you only have two years to file a personal injury lawsuit. This is not as much time as it appears to be. If you drag a settlement negotiation out with an insurance company beyond two years, it is unlikely that you will be able to recover anything. Additionally, waiting until the last minute to contact an attorney and begin preparing a lawsuit dramatically diminishes your chances of prevailing and receiving the settlement amount you deserve.
Call Our Texas 18-Wheeler Accident Attorney to Discuss Your Potential Settlement
There is no one answer for what an average injury settlement is for an accident involving an 18-Wheeler. Our Texas truck accident attorneys do know one thing – an injury settlement should make you whole again. That means you should be compensated for not only your medical expenses and lost income, but for your emotional suffering as well. The injuries from a collision with a massive 18-wheeler could be catastrophic and you should not bear the full financial obligations that follow if you were not at fault. The Texas personal injury lawyers and staff at The Queenan Law Firm, P.C. are determined to maximize our clients’ settlements. To schedule a free consultation to discuss the value of your case, call (817) 476-1797.