Getting hit by a truck can result in serious injuries, overwhelming medical bills, and substantial income loss. Whether you’re pursuing a hit by a truck settlement or aiming to get paid if a truck hit you, knowing your rights is the first step toward securing the justice and financial settlement amount you deserve.
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Severity of Injuries
The severity of injuries stemming from a commercial truck accident case is a key factor in determining the monetary payout. Due to the size and weight of trucks, accidents involving these vehicles often result in serious physical, mental, and property damage. Pain and loss from an 18-wheeler truck accident, for example, might be bigger compared to a collision with a semi truck; but then it can also depend on the type of impact.
Common injuries from truck accidents include:
- Traumatic brain injuries (TBI): These range from mild concussions to severe brain trauma. TBIs can lead to long-term cognitive issues, requiring ongoing medical treatment and rehabilitation.
- Spinal cord injuries: Injuries to the spine may result in partial or full paralysis. Long-term care, therapy, and assistive devices may be necessary for victims with spinal injuries.
- Multiple bone fractures: Truck collisions often cause serious fractures in limbs or ribs, requiring surgeries and rehabilitation. Some injuries may result in permanent impairments.
- Internal organ damage: Truck accidents can cause blunt force trauma, leading to damage to organs such as the heart, lungs, liver, or kidneys. Surgery and long-term care may be needed.
- Severe burns: Fires in truck accidents can result in serious burns, requiring extensive medical treatment, skin grafts, and sometimes leaving permanent scars.
- Permanent disabilities: Some accidents result in long-term disabilities, such as limb loss or impaired mobility, impacting daily life and work.
The greater the injury, the more likely it is to lead to a higher truck accident settlement. Serious injuries typically involve larger medical expenses, longer recovery, and possible permanent effects on your life.
When you are trying to get paid if a truck hit you, the extent of your pain and loss is a central factor in determining how much you can get from insurance and the person/s at fault. The higher the severity, the greater the impact on your health, career, and lifestyle.
Medical Expenses
In a truck accident case, medical costs become a major factor in determining the accident settlement amount. These expenses can accumulate quickly and must be fully addressed to allow for proper care and recovery. Some of the common medical costs included in a truck accident claim are:
- Emergency room treatment: This includes immediate care provided at the hospital after the accident, such as diagnostic tests, X-rays, and initial treatments.
- Surgeries and procedures: If surgeries are required to treat injuries like fractures, internal injuries, or severe burns, these costs are included.
- Hospital stays: This covers the cost of hospitalization, which may include room fees, nursing care, and ongoing treatments during your recovery.
- Rehabilitation services: Many injuries, especially those involving the spine or limbs, require long-term rehabilitation. This can include services like speech therapy or occupational therapy.
- Physical therapy: For injuries such as musculoskeletal damage, physical therapy is necessary to regain strength, mobility, and function.
- Prescription medications: This covers any pain management or other medications necessary for your recovery, including pain relievers, antibiotics, and other prescriptions.
- Medical equipment: Depending on the severity of the injuries, medical equipment like crutches, wheelchairs, or prosthetics may be necessary.
- Future medical care needs: For severe or long-term injuries, future care such as ongoing doctor visits, surgeries, or long-term physical therapy must be considered.
In a hit by a truck settlement, all medical costs related to the accident should be covered. You must keep documentation of all treatments and expenses to support your personal injury claim for these necessary costs.
Lost Wages and Earning Capacity
You may be wondering how to get paid if a truck hit you for the wages and earning potential you’ve lost. Victims often face prolonged recovery periods, during which they are unable to work. Compensation should account for these financial setbacks, including:
- Lost wages during recovery: Compensation should cover the wages you lost while you were unable to work due to your injuries.
- Lost benefits and bonuses: If your injury caused you to miss out on benefits such as health insurance, paid leave, or performance-based bonuses, these should be included in your claim.
- Reduced earning capacity: If your injuries result in permanent physical limitations, your long-term ability to earn an income may decrease. Your settlement should address this loss in earning potential.
- Job retraining costs: If you can no longer perform your previous job, the cost of retraining for a new career or position should be factored into your settlement.
- Future income losses: For permanent disabilities that impact your future earning ability, payout should reflect the long-term impact on your income.
Pain and Suffering Compensation
Non-economic damages such as pain and suffering are often a substantial part of your hit by a truck settlement. These damages represent the physical, emotional, and psychological toll the accident has on your life, and they include:
- Physical pain and discomfort: The pain from injuries may persist long after the accident, affecting your ability to perform daily tasks and enjoy activities.
- Emotional trauma: The emotional stress from dealing with injuries, treatment, and the consequences of the accident can be overwhelming.
- Mental anguish: The ongoing worry and uncertainty about your recovery or future can lead to mental strain.
- Loss of enjoyment of life: Injuries may prevent you from engaging in activities that once brought you joy, leading to a diminished quality of life.
- Depression and anxiety: The accident’s toll may contribute to feelings of sadness, hopelessness, and anxiety, affecting your mental health.
- Post-traumatic stress disorder (PTSD): Some victims may experience flashbacks, nightmares, and increased anxiety as a result of the traumatic event.
- Impact on personal relationships: The emotional strain from the accident can affect relationships with family, friends, and colleagues.
Factors That May Reduce Your Truck Accident Settlement Amount
Several factors may influence the average settlement paid if a truck hit you. These factors can reduce your payout, such as:
- Comparative negligence: If you share some responsibility for the accident, your compensation could be reduced based on your level of fault.
- Delayed medical treatment: Waiting too long to receive medical care may lead to questions about the severity of your injuries.
- Pre-existing conditions: If you had an injury or medical condition before the accident, it could complicate your claim. The insurance company may argue the truck accident didn’t worsen the condition.
- Lack of documentation: A lack of detailed medical records, police reports, or accident-related evidence could weaken your case and result in a lower settlement offer.
- Insurance policy limits: The insurance policy of the at-fault truck driver may only cover part of your damages. If their coverage is insufficient, you may not be able to fully recover your losses.
- Missing evidence: Without solid evidence, such as witness statements, physical evidence, or accident photos, the settlement process and proving your case can become more difficult.
- Statute of limitations issues: Filing your claim after the statute of limitations has expired could result in your case being dismissed, preventing you from receiving compensation altogether.
Get Paid If a Truck Hit You. Take Action Today! Call Our Truck Accident Attorney for a Free Consultation.
Whether you’ve been involved in a truck collision, a car accident, or any traffic incident, don’t waste time waiting. The longer you delay, the harder it might be to secure the medical care you need and money you deserve.
At RTM Law, our truck accident lawyers are ready to fight for your rights, and ensure that you receive the full settlement you’re entitled to.
Contact RTM Law today for a free consultation. Our skilled attorneys, medical specialists, and case managers will review your case, explain your legal options, and work to get you the compensation you deserve.
Don’t worry about upfront costs. There will be zero fees until we win. Hablamos Español. sts and assist in building a strong case. No fees until we win. Contact our personal injury lawyer for a free consultation. Hablamos Español.
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