Our truck accident attorneys at Dwyer & Coogan, P.C. strive to help victims recover the maximum amount of compensation for their injuries and damages. We have successfully helped countless victims and their loved ones navigate the complex claims process, negotiate with insurers, and, when necessary, fight their cases in court. Learn more about the average settlement for a truck accident and what factors can impact your case.
The Truck Accident Claims Process
Truck accident cases are often complex. They involve several parties, including you, your attorney, the defendant, the defendant’s employer, the employer’s insurance company, and the defendant’s, employer’s, and insurer’s lawyers. Because so many different parties are involved, an already complicated process becomes even more so, as each party has its own interests to protect.
To make matters even more difficult, the trucking industry is governed by a unique set of federal regulations in addition to state and federal driving laws. For these reasons and more, it is imperative to work with an experienced truck accident lawyer who can guide you through the process and help ensure that you do not make any crucial mistakes.
Factors That Affect Settlement Amounts
Many truck accident victims come to us wanting to know what the average settlement is for a truck accident case. The hope is to use the number as a basis for deciding whether or not to pursue a claim after all. Unfortunately, there is no clear answer to this question, as deciding parties use a number of factors to come up with a fair and reasonable settlement amount. Some of those factors are as follows:
- Total cost of medical expenses
- Vehicle damage
- Lost wages
- Pain and suffering
- Attorney fees
While we cannot provide you with an average settlement number, we can evaluate the unique factors of your case through a free initial consultation. During this consultation, we can provide you with an estimated case value and let you know if your case is worth pursuing.
Whether or not you think you have a case, you should allow an experienced truck accident attorney to assess your case. You may have more rights than you initially thought. The opposite may also be true. You may not have many legal options, which would also be good to know so that you do not expend precious resources pursuing a dead-end claim.
Claims & Negotiations
Once you understand the value of your case, file your claim and allow your attorney to negotiate for a fair settlement on your behalf. Insurance companies are notorious for offering low-ball settlements in the hopes of closing the case without losing too much money. Do not take the first settlement offered, as you will not have the opportunity to ask for more compensation in the future. Your attorney will use tried-and-true negotiation tactics, as well as evidence, to elicit a more favorable response.
If the opposing parties cannot reach an agreement via negotiations, your attorney will prepare a complaint for you to file in civil court. This effectively initiates the litigation process.
Once a lawsuit is filed, the discovery phase can begin. This stage involves the collection of evidence by both parties, which can be used to build a solid case. Discovery also helps facilitate negotiations as you can learn whether or not the opposing side has any real evidence to support its claims. Discovery can include interrogations, depositions, and requests for physical evidence.
If after receiving a notice of litigation and examining your evidence the trucking company still refuses to offer a settlement, your case will go to trial. Both your attorney and the opposing party will present their arguments and supporting evidence, and a jury will make the final decision regarding whether or not you should be compensated. If the jury decides compensation is in order, it will set an amount.
A Truck Accident Attorney Can Help
If you were injured in a truck accident, the best thing you can do for your case is to contact an experienced truck accident lawyer for an immediate consultation and assessment of your case. Call Dwyer & Coogan, P.C. in Chicago, IL for the help you need and deserve.