A truck accident can cause serious injuries that require surgery and lengthy rehabilitation. When this happens, you may be wondering what your claim is worth during the recovery process.
Truck accident claims can help you obtain compensation for your injuries and are almost always settled before trial. This is why it is important to have an understanding as to how an attorney determines the value of your truck accident claim so you know what to expect.
Factors Used to Determine the Value of Your Claim
There are several factors that an attorney will use to determine the value of your truck accident claim. These factors play an important role in figuring out how much your claim is worth before filing a lawsuit against the truck driver, the trucking company, the shipper or any other entity involved in the accident.
Medical Expenses
After a truck accident, you may be entitled to compensation for the medical expenses that you have incurred and are reasonably to expect in the future to treat your injury. These expenses may include emergency room visits, ambulance services, surgery, rehabilitation costs, therapy sessions, or prescription medication costs.
An attorney you hire will ask for copies of all the medical bills you have received, statements from your insurance company, and any other invoice you have received or already paid. He or she will total all of these bills to come up with a number that is applied to the claim along with the other related factors.
Property Damage
An attorney will also examine the property damage caused by the truck accident. This includes damage done to your vehicle, your home or other property you own. In order to determine the amount of the property damage, have your vehicle examined by an experienced body shop and have them provide an estimate for repairs in writing. If the vehicle was totaled, be sure to acquire the replacement value from the insurance company.
Loss of Income
In order to add in the loss of any income to a truck accident claim, you must provide an attorney with your employment and salary information. This is best done by providing copies of your most recent pay stubs, tax returns, and even your contract. This will help the attorney calculate how much money you have already lost by missing work and how much you could lose in the future if you cannot return to work due to your injuries.
Pain and Suffering
Another portion of a truck accident claim centers around your physical pain and mental suffering. Truck accidents can be tragic, severe and lead to many victims suffering from anxiety, fear of driving, depression and other emotional issues that are subjective and hard to quantify.
Some insurance companies will use a formula to assign your injury a number ranging from one to five, depending on the severity of your injury. This number will then be multiplied by the total number of economic damages you have sustained.
Time Limit to File a Truck Accident Claim
Similar to other personal injury cases, there is a time limit to file a truck accident claim against the at-fault party. The standard deadline to file a personal injury lawsuit in Louisiana is within one year from the date of the accident. This does not give you a lot of time to build your case, which is why you should begin speaking with an attorney as soon as possible after the accident.
Contact Simien & Simien to Learn More
If you or loved have suffered a truck accident injury, you may be entitled to compensation from the negligent truck driver or trucking company. The skilled Baton Rouge truck accident attorneys at our firm are prepared to help with your claim. We will work hard to determine the cause of the accident, the extent of your injuries, and the costs associated with treating your injuries.
Call us at (800) 374-8422 to schedule a free and confidential consultation.
