As each case is unique, there is no average truck accident compensation amount in Texas. One plaintiff could receive nothing, whilst another could receive millions of dollars. However, numerous essential elements play a vital influence in evaluating the worth of your claim, which dictates the amount of your settlement. Haughton Law Group, P.C. has the knowledge and experience to successfully handle your truck accident claim.
Factors Influencing the Size of Your Truck Accident Settlement
Here are a few of these critical factors:
- How evident it is that the truck driver or trucking firm is at fault. If responsibility is contested, the defendant may believe it has a good chance of winning at trial.
- Whether or not you were partially to blame for the crash. The 51% Bar Rule in Texas stipulates that you cannot receive compensation after a truck accident if you were more than 50% at fault.
- If, on the other hand, you were partially culpable but it was 50% or less, and your case proceeded to trial, the jury would lower your final damages award by the degree of your culpability. In other words, if you were 40% to blame for an accident that caused $1 million in damages, you would receive $600,000. In general, the more serious your injuries are, the more money you stand to receive at trial. As a result, the insurance company’s settlement offers before to trial are usually greater. Considerations for measuring the severity of your injuries include whether or not you are deformed or crippled, how many procedures you will require, and whether or not you will ever fully recover.
- Your medical expenses will also be carefully evaluated. Ambulance rides, hospitalizations, surgeries and procedures, assistive equipment, in-home care, frequent doctor’s visits, physical therapy, occupational therapy, psychiatric treatment, and prescription medicines are all examples of services that may be provided.
- Is the victim experiencing mental anguish as a result of pain and suffering or Post-Traumatic Stress Disorder? Whether the defendant has a strong incentive to avoid going to trial. Some trucking firms would prefer to avoid the unfavorable publicity that a trial may bring, giving them additional motivation to raise your settlement offer in an attempt to resolve your claim before it goes to trial.
- The defendant’s ability to pay is another issue that may influence your settlement amount. For example, if you go to trial and the jury gives you $2 million, but the defendant’s insurance only covers $200,000 and the defendant has no other assets, you will only receive $200,000.
How Can My Lawyer Assist Me in Increasing My Settlement Amount?
Your personal injury lawyer should be able to develop your case by thoroughly analyzing the facts surrounding your case and recording all of your concrete and intangible damages. Their goal will be to maximize the share of the defendant’s liability while minimizing your obligation. An experienced Texas Personal Injury Attorney will also know what questions to ask and with whom you should make contact.
