If you’ve been involved in a truck accident, you undoubtedly know how dangerous and scary they can be. In addition to the mental anguish, the pain and suffering experienced after a serious personal injury or the wrongful death of a loved one allow you to sue for damages.
You may be getting frustrated by the lack of results online in regard to average truck accident settlements. This is because there is no average. Every case is unique, and the amount of financial compensation victims deserve is calculated based on several factors.
Contact The Law Place truck accident lawyers today to find out your options and how much you may be entitled to. Our team of qualified attorneys have a combined experience of 75 years and can ensure an extensive and speedy investigation of your case.
Schedule a free consultation with a lawyer now. Our lines are open 24/7, and our representatives are always available to take your call.
Call The Law Place at (941) 444-4444.
In This Article
- Can I Sue for Being Hit by a Semi-Truck?
- Do Semi-Truck Accidents Go to Trial?
- What Does No-Fault Law in Florida Mean?
- How Much Should a Rear-End Collision Settlement Be?
- How Is a Pain and Suffering Settlement Calculated After an Accident?
- What Do You Do If You Are Hit by an 18-Wheeler?
- Consult The Law Place Truck Accident Attorneys Today
Can I Sue for Being Hit by a Semi-Truck?
If your accident resulted in serious injury, you have the right to sue after being hit by a large truck. Accidents involving commercial vehicles mean that the company can be held negligently responsible and be liable for your claims. The truck driver is covered by company insurance, which will automatically kick in due to Florida No-Fault law, which covers expenses concerning all auto accidents in the state.
You can only sue for non-economic damages, known as pain and suffering if you have experienced serious personal injury or your loved one was killed in the crash. These damages cover the mental and physical anguish that results from a catastrophic crash in addition to medical expenses and lost wages.
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Do Semi-Truck Accidents Go to Trial?
These types of cases can definitely be tried in court. However, it is usually in the best interest of a trucking company and insurance company to settle with the victim, especially if the plaintiff has a strong case.
If for some reason, the companies choose to fight the case, your lawyer will take your pain and suffering claim to trial where a judge or possibly a jury will issue a verdict.
What Does No-Fault Law in Florida Mean?
Florida abides by exclusionary law, commonly known as No-Fault law. Insurance companies provide coverage in the event of all auto accidents, regardless of fault. An additional settlement cannot be pursued after a minor car accident.
Florida Statute 627.7407(4) states all operators of a motor vehicle must be covered by an auto insurance company that includes personal injury protection. Involved parties might be forced to pay the determined damages out of pocket and may be subject to fines if they are uninsured.
Florida Statute 627.737 bans the pursuit of non-economic damages in civil court unless serious injury has been sustained by any involved party. After the legal threshold for serious injury has been met, plaintiffs can sue for pain and suffering damages. Your injuries are considered serious when they present a threat for extensive and permanent scarring, loss of mobility or normal function, or death.
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How Much Should a Rear-End Collision Settlement Be?
Although there is no average settlement amount for truck accidents, any settlement should cover certain expenses related to the crash. Negotiations for your settlement should include calculations for:
- Medical expenses
- Property damage
- Pain and suffering damages
The amount for each of these will depend on the circumstances of the accident. One plaintiff may have much higher medical expenses while another may have experienced more anxiety after the crash. Your lawyer should be able to calculate these claims adequately and negotiate with insurance companies on your behalf.
Call The Law Place today to find out how much your settlement could be.
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How Is a Pain and Suffering Settlement Calculated After an Accident?
After a truck accident, the financial compensation you may be entitled to after a serious injury or wrongful death can be calculated in a variety of ways.
Pain and suffering calculations are complex. An experienced attorney will be able to present arguments to the court that legitimize their method for calculating your unique settlement figure.
These methods commonly include the multiplier method and the per diem approach. Both have strengths and weaknesses according to the individual characteristics of your truck accident claim. You should have a thorough discussion with your attorney to determine which method best serves the needs of your case.
Insurance companies may be averse to using the above-mentioned methods when negotiating your pain and suffering claim. They typically result in higher payouts for serious injury victims, which insurance companies wish to avoid by all means necessary.
You may be offered a settlement derived from an algorithm or precedent-based approach to calculating pain and suffering damages. Insurance companies may offer the exact payment offered in a previous settlement with similar circumstances. For example, a previous payout of $10,000 for a broken leg may be offered to you as well if you also suffered a broken leg.
Contact The Law Place to find out how much your settlement can be.
What Do You Do If You Are Hit by an 18-Wheeler?
Large commercial truck accidents are especially dangerous and can cause catastrophic injury and property damage to all those involved. In the chaos of the aftermath, it can be difficult to determine the right course of action, but this step-by-step guide may help you if you ever find yourself in this unfortunate circumstance.
- Safety – If it is possible without endangering yourself or others, get yourself out of harm’s way. Be mindful of traffic and take cover behind something solid, ideally a concrete road barrier or something similar. If you are injured and unable to move, don’t strain yourself unnecessarily, as this may exacerbate your wounds.
- Evidence – After you have made yourself as safe as possible, start collecting evidence of the crash. Take photos of everything: the crash, your car, the truck, the road, weather conditions, and any hazards. Next, start collecting any involved party’s information: license of the truck driver, make and model of the truck, witness names and statements, and police badge numbers. The latter is important because it will allow your lawyer to pull up your case much faster.
- Sketch – Sketch/ draw the scene to the best of your ability if you have the materials to do so. Draw the road or highway with each vehicle. Draw arrows pointing in the directions the truck and your car were going right before the accident. This may seem silly, but it provides a useful perspective when arguing in court.
- Medical aid – See a medical professional as soon as possible. If your injuries are extremely severe, this should come before any of the previous steps. Have your injuries recorded by doctors or nurses and request copies of the records. Some injuries may not be apparent to you immediately and may worsen over time. It is important to have medical professionals examine you so you can prove you took adequate care for yourself in court.
- Consult – After all of the aforementioned steps, now is the perfect time to consult a qualified lawyer. An attorney can start the investigative process for you and get the ball rolling on your court case.
Time is essential when filing your claim- gathering evidence as quickly and efficiently as possible will help your attorney immensely in the long haul. Florida Statute 95.11(3)(a) states you have 4 years to file your personal injury claim. That may seem like a lot of time, but every day that passes jeopardizes the strength of your case.
Consult The Law Place Truck Accident Attorneys Today
Have you been involved in a truck accident? Have you experienced a serious injury or the wrongful death of a loved one as a result? Are you unsure whether you should sue the truck driver, the insurance company, or the trucking company for damages?
Contact The Law Place truck accident attorneys today to discuss your legal options. Our qualified law firm has a combined experience of 75 years. You’ll have the best team on your side to get the accident settlement you deserve.
We offer a free consultation with one of our lawyers to help you determine the best course of action. Each case is unique and finding out the strengths of your case is key to getting the justice you and your family deserve.
Contact us today and schedule your free consultation. Our lines are open 24/7, and our representatives are always ready to take your call.
Call The Law Place now at (941) 444-4444.
Call or text 941-444-4444 or complete a Free Case Evaluation form