Since truck accidents often cause more severe injuries and damages than regular car crashes, victims have to deal with more expensive medical treatments and higher costs for repairs. You may be ready to file a claim or lawsuit, but it is important to note that the compensation process is not always straightforward. It is advisable to hire a qualified personal injury lawyer to evaluate your case and calculate fair compensation for your losses.
After surviving a truck accident, your injuries can make it hard for you to fight the insurance bullies and concentrate on all the details of your legal case. But that’s where we come in. Judd Shaw Injury Law can help ensure your voice is heard and your rights are respected.
What Factors Affect a Truck Accident Claim?
If you or a loved one has been injured in a truck accident, you have the right to seek compensation. There are two legal options you can take to receive money for your expenses. You can contact a personal injury attorney to help you file either a claim or a lawsuit.
However, even after you follow the proper channels, insurance companies may be hesitant to pay the full amount for your damages. If this occurs, a truck accident attorney can help you gather evidence to prove the worth of your claim and get you a fair settlement or payout. When an insurer investigates a claim, they consider several factors, including the following.
1. The level of responsibility for the accident
Finding fault in a truck accident is not as simple as a regular car accident. There are often multiple parties involved when such a collision occurs. When a truck accident occurs on a busy road, it can often lead to multiple-vehicle collisions.
Unfortunately, truck accident victims have to deal with more than just the truck driver himself. They may also talk to the affected drivers, the truck driver, the trucking company, the insurance company, or the manufacturer.
With so many people involved, the insurance company will make its own investigation. They will collect evidence to determine who is at fault and how much each party is at fault. If you were partially responsible for the accident, your total settlement could be affected.
State law determines how much less compensation you can receive. For example, if you were found to be more than 50 percent responsible for a crash in New Jersey, your compensation would be reduced by that percentage. If you are more at fault than the other party, then you cannot receive any amount.
2. The severity of your injuries
The second thing an insurer will consider is the extent of your injuries. A victim’s injuries from a car accident can range from minor to fatal. Understandably, the severity of the injuries you or a loved one has sustained will affect the total value of your damages.
Special and general damages you might have from a truck accident include:
- Current and future medical expenses
- Lost wages or salary
- Vehicle repair costs
- Pain and suffering damages
- Wrongful death damages
How much you deserve for a truck accident is typically higher than the amount for regular car accidents. You and a personal injury lawyer will need to consider how the crash has negatively impacted your life. An experienced truck accident lawyer from Judd Shaw Injury Law can help you evaluate your case and calculate your potential compensation. Schedule your free initial consultation with us today.
3. The extent of property damage
It is extremely common for a vehicle to be totaled during a truck collision. The harm could be severe even when there is an accident with a large truck moving at a low speed. If your car is wrecked in a truck accident, you may be able to recover the cost of repairs or replacement.
The best way to prepare for a claim or lawsuit is to understand the damages you are entitled to receive. You may get compensation for any of the following property damages.
a) The cost of repairs
An auto shop will estimate the total cost of repairs after a car accident. Repairs may include replacing parts, restoring the vehicle, or repairing cosmetic damage.
b) The loss of use
If the repairs take longer than a day or so, you may be entitled to compensation for the cost of the rental car you used to get around. This includes any other kind of transportation you had to pay for out of pocket, such as a cab, Uber, or Lyft.
c) The diminution of value
You can also claim the difference in the value of your vehicle before the collision and after the repairs. If you try to sell your car, you may find that the accident reduced its worth. Many buyers will be hesitant to buy your car knowing it has been damaged. Your claim for diminished value will compensate you for the decrease in your vehicle’s value.
d) The damage to personal property
The monetary value of any objects damaged or lost during the collision should be included in your property damage claim. Some examples of personal property you may get compensation for include: a laptop, smartphone, eyeglasses, luggage, or ruined clothing.
The truck company may try to reduce its losses by offering you the current depreciated value of the items. That’s why you need a qualified personal injury accident lawyer on your side. Your attorney will request the replacement value and negotiate with the truck driver’s insurance adjuster to secure the compensation you deserve.
e) The total loss of the vehicle
If the entire cost of repairs to your vehicle exceeds the car’s pre-accident value, the insurance company may consider the vehicle “totaled.” The insurers may try to offer you a lowball settlement, but you deserve full compensation. In that case, you will be relieved to have a Judd Shaw Injury Law attorney fighting for you to recover the fair market value of your car at the time of the accident.
One advantage of property damage claims is that these are often easier to resolve than personal injury claims. A property damage claim may be resolved in a few weeks, especially if you have an experienced attorney calling the insurance company and filing paperwork on your behalf.
How a Truck Accident Lawyer Can Help You Get a Fair Settlement
After a truck accident, you may be dealing with health challenges and limitations. A personal injury attorney can lessen the burden and assist you with your legal case.
There are several ways in which your lawyer can help you. These include:
- Gathering evidence of the truck driver’s negligence
- Demonstrating the extent of your physical and emotional injuries
- Negotiating with the insurance company or trucking company’s lawyers
- Proving your entire case in court
A qualified truck accident attorney can fight to get you the best possible outcome, and a good attorney aims to provide his client with peace of mind. Hiring such a lawyer, including the Judd Shaw Injury Law team members, can ensure your case is handled according to state laws and that you have a partner by your side to help you with the heavy lifting.
Talk to a Truck Accident Lawyer for Free Today
Truck accidents can disrupt your life, so you should not miss out on your chance to collect the financial compensation you deserve. Our New Jersey personal injury lawyers can calculate the cost of both your economic and non-economic damages. We can also assist you in negotiating payment for your losses with the liable insurer.
Every action we take at Judd Shaw Injury Law on behalf of our clients is governed by a set of core beliefs. It’s known as the Judd Shaw Way. This set of promises to you assures you that you will receive the best service possible at every stage of the legal procedure.
Have you or someone you care about been harmed in a truck accident? Contact us today to schedule a free consultation and case evaluation.