There is no average settlement for a truck accident case in Texas. That’s because each case has unique circumstances and damages. However, a truck accident attorney can identify a victim’s losses, calculate their value, and estimate an accident claim’s potential worth. They can also guide you through the legal process and advocate on your behalf to maximize your compensation.
Factors That May Increase Your Truck Accident Claim’s Value
Many factors could determine what your truck accident settlement might be worth.
The Nature and Severity of Your Injuries
The healthcare costs related to the entirety of your past, present, and future medical expenses weigh heavily on the outcome of your case.
The more severe and long-lasting your injuries, the higher your settlement amount will likely be. Factors that could significantly increase the compensation you receive include:
- Your projected recovery time
- Your total medical expenses
- Your need for in-home care, medical equipment, or ongoing physical therapy
- Permanent scarring and disfigurement
- Long-term disability
Due to their size, semi-truck and large commercial vehicles can cause catastrophic injuries. As a result, medical bills may begin accumulating immediately, including ambulance services, emergency care, surgery, and hospitalization. Later, victims may require more medical treatments such as ongoing doctor’s visits, physical therapy, and prescription medication.
The Liable Party’s Insurance Policy Limits
When you file an insurance claim, you can only obtain reimbursement up to the policy’s liability limits. For example, if a trucking company has $100,000 of liability coverage, that is the maximum settlement you will receive—even if your damages are worth much more.
Property Damage Value
A passenger car or truck is no match for a commercial truck or tractor-trailer in a collision. Thus, trucking accidents tend to result in extensive damage to smaller vehicles and their riders, often resulting in a total loss.
When you report your accident to the insurance companies, a claims adjuster will inspect your car and estimate the damage. You may also take your vehicle to a repair shop of your choice and receive an estimate.
Adverse Effects on Your Income and Potential Earnings
Depending on the severity of your injuries, the duties you can no longer perform at your job and the income you lose could significantly affect your compensation. For example, a long-term or permanent disability could make it unlikely for you to return to your current job. Therefore, you might find it more challenging to remain gainfully employed.
Suppose your injuries force you to seek new career opportunities or take a lower-paying position. In that case, you could be entitled to compensation for training and educational costs and diminished earning capacity.
Loss of Quality of Life
How the accident and injuries affect your quality of life can also increase how much compensation you could receive, based on these factors:
- You have a long-lasting or permanent disability
- You need personal in-home care
- Your injuries disrupt activities of daily living
- You need childcare to help care for your children
- You need to hire others to perform household tasks such as cooking, laundry, and lawn mowing
If You Have a Wrongful Death Claim
If you lost a family member in a trucking accident, your damages would differ from those of a victim who suffered nonfatal injuries. You could recover these damages in a wrongful death claim:
- Funeral and burial expenses
- Embalming and cremation
- Loss of the decedent’s income and benefits
- Loss of your loved one’s guidance, support, and companionship
- Loss of the decedent’s household services
Texas law allows only specific people to file wrongful death claims in Texas. Therefore, having an attorney who can examine your case and explain your legal options is often beneficial.
Percentage of Fault
Texas recognizes a legal concept known as proportionate responsibility, meaning that the insurance company will assign each driver a percentage of fault for an accident. If an injured person is more than 50 percent at fault, they cannot recover compensation for the accident. Conversely, if their share of fault is 50 percent or less, their percentage of responsibility will reduce the financial award they can receive accordingly.
For a free legal consultation, call (972) 535-6377
What are Recoverable Damages in a Truck Accident?
Recoverable damages are physical, emotional, financial, and psychological losses that can warrant compensation in a civil lawsuit. They may include:
- Medical expenses
- Vehicle repair expenses
- Lost income
- Diminished earning capacity
- Emotional anguish
- Long-term or permanent disability
- Scarring and disfigurement
- Physical pain and suffering
- Loss of companionship
You can recover these losses by pursuing an insurance claim or civil lawsuit. Our team can estimate the value of your accident-related damages, consulting with field experts such as economists, healthcare providers, mechanics, appraisers, and other professional colleagues to help determine the value of all your losses.
Contact the Underwood Law Office About Your Truck Accident Claim
The team at Underwood Law Office is equipped to handle time-intensive, complicated insurance claims and lawsuits, allowing you to focus on healing from your injuries and regaining control of your life.
When you come to us for help with your truck accident case, we don’t worry about what an “average” settlement in Texas is. Instead, we determine what fair compensation might be in your case and what legal avenues would be best to pursue. So, for assistance with your injury claim, reach out to Underwood Law Office today for a complimentary, no-obligation consultation.