What Is The Value of My Truck Injury Case
Last updated Tuesday, June 27th, 2023
Do you know the worth of your truck injury case?
Let’s answer the most popular questions about the law and discuss the factors based on which you find the value of truck injury cases.
How Do You Prove That The Truck Driver is Responsible For The Collision and The Injuries?
You investigate it.
There are so many ways to determine this for most truck cases.
- Let’s say they are supposed to carry a certain weight on the truck, and they find out they’re taking more weight.
- They did not sleep well.
- They drove over a stop sign or went too fast.
Once we get involved, we get a truck expert to investigate everything.
Everybody is required to carry automobile coverage, and we want to ensure you get the maximum amount.
What to Do if a Trucker and Company Deny Responsibility for a Collision?
File a lawsuit and start getting evidence. You don’t always need to file a case immediately, but sometimes the company might say they are not responsible for the accident.
Every case is different, and so much depends on;
- The injury
- The recovery
- Did the person have a high wage loss?
- Did he have no wage loss?
- Was he retired?
Every case is different. There’s not a one size fit answer to that.
What Steps Can an Injured Victim Take That May Increase The Value of Their Truck Injury Case?
You must follow the doctor’s orders when you seek medical treatment. You must attend appointments.
Anytime a person follows medical advice, it helps their case.
For example, you were supposed to attend 30 physical therapy appointments and missed 10. The defense attorney can show the jury that if you were in that much pain, why’d you miss these appointments?
So the most significant thing you can do is follow the doctors’ medical advice.
Is There a Formula For Calculating Financial Compensation After an Accident?
Value every case, regardless of insurance coverage.
- Let’s say a person makes X wages and misses six months of work. You can take that six months of lost wages and seek compensation. The more challenging part is pain and suffering. Everybody endures pain differently.
- Let’s say one of the damages is you have a permanent injury, which turns into a permanent impairment. How do you value permanent impairment? So gather all the medical and legal evidence.
- You get a case of a person who had surgery. They missed $50,000 in wages, and their medical bills are $100,000. Now you’re out of $150,000 and the torque fees.
In Kentucky, the most you can get from that insurance policy is $25,000. So you have to look at the other insurance coverage of the person who sustained the injuries and the damages.
For example, the person who hit you worked for a plumbing truck and had a commercial policy. So instead of $25,000, you have a million dollars to go after.
Do We Need to Investigate Liability Insurance Coverage?
In every case, you have to find liability coverage. It’s our job to ensure you get as much coverage as possible, as that’s the only thing we can do for the person.
Some companies have excess coverage and million-dollar umbrellas.
But always investigate the liability company and the insurance company.
What Elements Make Big Rig and Semi-Truck Cases Higher Value Cases?
The more you’re injured, the more the case is worth.
There was a case in which a lady had an accident and died instantly. So the trucking company paid her family a million dollars.
We had another case in which a person sustained bodily injuries requiring surgery. He missed a lot of work, was permanently impaired, and would never be able to work. His claim settled for $2.7 million.
What Steps Should I Take When My Vehicle is Destroyed Due to an Accident?
Property damage is a separate claim from a personal injury claim. You don’t have to have an injury to get property damage if your vehicle is damaged.
If the repair cost increases from the vehicle’s worth, the insurance company will give you a salvage amount.
Every state usually has different laws regarding that.
The above is an extract from the ‘Ask The Hammer’ podcast.