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Most truck accident claims are concluded not at trial but in a negotiated settlement between the parties involved. A settlement is a compromise between the truck driver, the trucking company, and the injured party wherein they agree on a fair amount of compensation for the victim’s medical expenses, lost wages, pain and suffering, and other damages.
Is negotiating a settlement the right choice for your claim? Maybe, but before you sign on the dotted line, talk to an experienced West Palm Beach truck accident lawyer about your options. Your lawyer may be able to negotiate a higher settlement than you could on your own.
Settlements are one method of concluding a truck accident liability lawsuit
If you were involved in a truck accident you didn’t cause, you have the right to demand compensation for your losses. The legal process starts with filing a lawsuit for damages against all liable parties (the defendants), usually both the truck driver and the trucking company they were driving for, although there may be other parties involved.
Your personal injury lawyer investigates the crash to gather evidence proving that the defendant abandoned their duty of care for your safety. Evidence includes your medical records, physical evidence from both vehicles, data from the truck’s “black box,” and dashcam footage of the wreck.
After the lawsuit is filed, the defendant has the opportunity to either agree to the proposed amount requested for damages or proceed to trial. The case moves to the Discovery Phase, in which both parties exchange information and depose witnesses and experts.
Often, the defendant will realize during discovery that they don’t have a strong chance of winning at trial or that the cost of going to trial will likely exceed the cost of settling their claim. Truck accident cases can be settled at any time in the process, even after the trial starts.
How does the truck accident settlement process work?
Securing a settlement involves negotiations between the parties involved, and often, their lawyers and the defendant’s insurance company (as it will likely be paying the settlement). Negotiations may occur out of court between the lawyers or in a mediation session between the plaintiff and defendant.
Sometimes, the defendant will agree to liability but contest the amount of damages your lawyer demands. In these cases, it’s just a matter of back-and-forth until both sides accept a settlement amount.
Factors affecting how much you receive in a truck accident settlement
So, how much do you get? That depends, and it usually hinges on the severity of your injuries. For example, in cases in which the plaintiff suffers traumatic brain injuries or spinal cord damage, their medical damages could easily top six figures, especially if they’re unable to live independently. Medical bills, property damage, and other out-of-pocket expenses comprise your economic damages.
You are also eligible for non-material damages, like pain and suffering, and emotional distress. The amount you receive in non-material compensation is a factor of your economic compensation.
Your compensation is based on:
- The severity of your injuries and whether you are permanently disabled
- Amount of lost earnings from time missed at work and loss of earning potential if you can no longer sustain gainful employment
- Total medical expenses, including future medical needs and rehabilitative therapy
- Whether you require nursing home care
Professional truck accident attorneys are skilled negotiators who properly value your claim to ensure your settlement covers all your needs.
Settle your truck accident case the right way
Settling a truck accident case can be the quickest way to recover compensation, but not all settlements are equal. Insurance companies may offer less than you truly deserve, especially without strong legal representation. That’s why having an experienced attorney on your side matters.
A skilled truck accident lawyer can gather critical evidence, assess the full value of your losses, and push for a settlement that truly reflects what you’ve been through physically, emotionally, and financially.
Have you been involved in a truck crash and need help getting your case settled? A skilled truck accident lawyer from Lytal, Reiter, Smith, Ivey & Fronrath can help. Contact us at (561) 655-1990 for a free consultation.