Semi-truck accident settlements can range widely. The value of your case will depend on many factors unique to you and your injuries. In general, you can seek compensation for your medical bills, lost wages, and more. Our team could represent you and help you estimate your potential financial recovery.
Economic and Non-Economic Compensation
Truck accident damages usually fall into two categories. Economic damages recover your calculable, out-of-pocket expenses. They may include costs related to:
- Emergency room treatment
- Medical procedures and surgeries
- Hospitalizations
- Medications
- Medical devices
- Physical and cognitive rehabilitation
- Extended care services
- Lost wages
- Loss of future earning capacity
- Vehicle and property damages
Meanwhile, non-economic damages include compensation for the physical pain and emotional suffering your accident and injuries caused. You could receive awards for:
- Scarring
- Chronic pain
- Paralysis
- Loss of a limb or bodily function
- Depression
- Mental anguish
- Anxiety
Non-economic damages can be harder to calculate. A personal injury attorney from our firm could help you assign monetary value to your pain and suffering and seek fair compensation from the liable party.
You Can Seek Compensation for the Wrongful Death of a Loved One
According to CC 2315.1, if your loved one dies because of another party’s negligence, you may be entitled to seek compensation related to their death. This may include their medical bills, funeral and burial expenses, and the value of their lost income and household services.
Surviving family members could also seek damages for their own anguish, grief, and loss of companionship, support, and guidance, according to CC 2315.2.
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How Is Your Settlement Amount Determined?
Every semi-truck accident case is different. The following factors may affect the worth of your semi-truck settlement:
- The scope of your injuries
- Your past medical bills and future care needs
- The length of your recovery
- Whether or not you can return to work
- Whether or not you suffered a permanent injury or disability
- The extent of your pain and suffering
- The cost of your vehicle damages and repairs
- Your wages at the time of your accident
- Your age
Louisiana’s Comparative Fault Laws
Louisiana’s comparative fault statute could also affect your settlement amount. According to CC 2323, the state follows a model of pure comparative negligence. This legal concept means that the court will examine your case and determine each party’s degree of fault for the accident.
Bearing partial fault does not bar you from seeking compensation, but it could result in a reduced settlement amount. For example, if the court awards you $100,000 but finds that you are 30 percent responsible for your injuries, you can only collect $70,000.
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Who May Owe You Damages After a Semi-Truck Accident?
Liability in a semi-truck accident can rest with multiple parties, which may include one or several of the following:
- The truck driver
- The driver’s employer
- The owner of the truck
- The truck’s manufacturer or parts maker
- The company responsible for the cargo
To win your case, you must prove that another party’s negligent actions led to your injuries. Examples of negligence that may lead to a truck accident include:
- Driver error, such as speeding, driving while intoxicated or distracted driving
- Failure on the part of the driver’s employer to vet and train its employees
- Undue pressure from the driver’s employer to make fast deliveries, which may violate the Federal Motor Carrier Safety Administration (FMCSA) Hours of Service Regulations
- Overloaded or improperly loaded cargo
- Neglected maintenance causing issues with the truck, such as a blown tire, faulty brakes, or lack of safety equipment
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How Long Do You Have to Pursue a Settlement?
You should file an insurance claim as soon as you can. While there is no time limit for reaching a settlement, there may be deadlines for filing an initial claim with the insurer. Furthermore, if you cannot resolve your case through insurance, you want to have ample time to pursue a lawsuit.
According to CC 3492, the statute of limitations for filing a personal injury lawsuit is one year. CC 2315.1 outlines a similar timeline for wrongful death actions, but the clock starts at the time of your loved one’s death rather than the date of the accident.
If you do not file your lawsuit within the appropriate window, the court will likely throw out your case. Insurance companies may also use an expired statute as justification for denying you payment.
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Will Working with an Attorney Increase My Settlement?
Working with an attorney does not guarantee a successful outcome or an increased settlement. However, hiring a lawyer from our firm can take the stress of pursuing compensation off of your shoulders. When you hire us, one of our personal injury lawyers will:
- File your claim and draft your demand letters
- Collect evidence to prove another party’s negligence
- Handle all letters, calls, and emails with insurers
- Look over your settlement offers
- Negotiate for the most advantageous settlement possible for you and your family
Laborde Earles Injury Lawyers
To learn more about how an attorney from our team can assist with your semi-truck accident settlement, call our offices at (337) 777-7777 for a free consultation.
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