Every truck accident is unique, so there’s no cut-and-dry answer to the question “What is the average semi truck accident settlement?” However, you shouldn’t try and work out the value on your own or speak with the other party’s insurance company by yourself. If you do, you could seriously undervalue your claim.
The best way to get the maximum amount of compensation is to hire an experienced lawyer. The Long Island truck accident attorneys at Carner & DeVita will work to demonstrate your claim’s value to the trucker’s insurance company, or in court if necessary.
We’ll prove that the at-fault driver should compensate you for your injuries. Keep reading to learn more about how insurance adjusters and lawyers calculate claim value, then call Carner & DeVita at (631) 543-7070 for a free, no-obligation case consultation.
Factors That May Affect the Value of Your Claim
Type and Severity of Injuries and Medical Costs
Typically, an insurance company or jury will award you more money if you suffer severe injuries. That’s because treatment is likely to cost more than less severe injuries. Due to their size and weight, severe injuries are common in truck accidents. You’re likely to get more money if you suffered a traumatic brain injury (TBI) or spinal cord injury. These can be devastating and may affect a victim’s life forever.
An attorney at Carner & DeVita will also meet with your doctor or health care provider to establish your current and future costs of medical care. This step helps our lawyers demonstrate your claim’s value through the testimony of a licensed doctor, and can include:
- Hospital and emergency room bills
- Ambulance services
- Doctor’s office visits
- Physical therapy or rehabilitation
- Medical supplies
- Mobility equipment
It’s important to note that because New York is a no-fault state, your insurance company will pay your medical costs unless you suffered a severe injury or experienced a financial loss greater than $50,000. In that case, you can pursue compensation through a lawsuit against the at-fault party.
Determined Value of Property Damage
When determining the total value of property damage (including your vehicle and any personal items inside that were damaged in the crash), we first determine if the property can be repaired.
If your vehicle can be repaired, an attorney at Carner & DeVita will set the value of the claim at how much it costs to repair, as well as the cost of loss of use by the owner of the vehicle. If the cost of repair is higher than the fair market value of the vehicle before the crash, compensation may be limited to that value.
Interest may also be considered when assessing the value of property damage.
One of the main factors that will determine how much money you receive in a settlement is liability. If your attorney can prove the truck driver was at fault in the accident, you will most likely receive a greater amount of compensation.
The more evidence your attorney presents against the truck driver, the less likely their attorney or insurance adjuster will undervalue or deny your claim. You can’t argue with evidence, and the Long Island truck accident lawyers at Carner & DeVita are experts at obtaining evidence and proving liability.
New York Laws That May Affect Your Claim
New York is a “no-fault” insurance state, meaning that when a person is in an accident, no matter who was at fault, their insurance company will pay for damages. The injured party can be reimbursed for medical bills, lost wages, and other expenses that were a direct result of the truck accident.
If your injuries or damages exceed a certain amount, however, you may be able to pursue compensation from the truck driver’s insurance company through a lawsuit. New York state considers the following as severe injuries:
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent limitation of a body organ or member
- Significant disfigurement
- Significant limitation of use of a body function or system
- Nonpermanent, medically-determined injury lasting no less than 90 days which prevents the injured person from performing the same daily activities that they did before the truck accident
New York’s Comparative Negligence Law
New York also operates under the law of comparative negligence, meaning that each party involved in the truck accident is responsible for their share of fault. That means that even if you were 90% at fault in the accident, you can still recover 10% of the damages.
For example, if the damages award is $100,000 and a jury finds that the truck driver was 70% at fault and you were 30% at fault, you’ll receive $70,000.
What Is the Average Truck Settlement? Focus On Your Unique Case and Consult An Experienced Attorney Today
There’s no such thing as an “average” truck accident, but experienced attorneys know how to estimate and negotiate the best possible settlement for your situation. The attorneys at Carner & DeVita will work to help you recover from your injuries.
If you were injured in a truck accident, call our Long Island semi-truck accident lawyers at (631) 543-7070.