Were you rear-ended by a semi-truck? We often work with clients who want to know: what type of settlement can I expect to receive after being rear-ended by a semi-truck?
There is no single answer to this question since the settlement amount varies depending upon the specific facts of your case. At the same time, we want to provide you with some factors that affect the settlement amount of your case.
Calculating Your Economic Damages and
One of the major factors in determining the likely settlement amount for your rear-end semi accident claim is the amount of economic damages that you have sustained.
Economic damages are one type of compensatory damages, meaning that they are designed to compensate a person for his or her losses. For instance, under the Texas Civil Practice and Remedies Code § 41.001, economic damages are defined as damages meant to compensate a plaintiff for actual economic loss.
Examples of economic damages include but are not limited to the following:
- Hospital bills;
- Medical costs;
- Lost wages; and
- Future medical costs
and lost wages.
Your truck accident attorney will calculate the total amount of economic losses you have already experienced. Then, by working with your healthcare providers, your lawyer can calculate your likely future lost wages and future medical costs.
This amount will be based on how you are responding to your treatment and when your doctor expects that you will attain maximum medical improvement (MMI).
Determining Likely Non-Economic Damages
Your settlement award also will be based on your likely non-economic damages. While non-economic damages are also a form of compensatory damages, they are more controversial because they are subjective.
For example, Texas law considers non-economic damages as damages awarded for the purpose of compensating a plaintiff for physical pain and suffering, mental or emotional pain or anguish, among others, and all other nonpecuniary losses of any kind other than exemplary damages.
With your lawyer’s assistance, you can provide evidence to show that you should be entitled to a particular amount of non-economic damages.
Seeking a Settlement After Filing a Semi-Truck Insurance Claim or Lawsuit
It is also important to keep in mind that there are two different ways you may be able to obtain a settlement. When you file a commercial truck insurance claim, the insurance company may negotiate a settlement amount. You should never accept an insurance settlement without working with an experienced truck accident lawyer.
If you cannot obtain a reasonable and fair settlement from the insurance company, you may be able to file a lawsuit against the truck driver, the trucking company, or another responsible party.
At any point before a verdict, your attorney can help you to seek a settlement from the defendant or defendants based on your likely damages award in the event of a jury verdict.