Being in an accident, especially with a large truck is a situation that every driver on the road hopes never happens to them. With all the trucks on the road daily, the dangers of colliding with a truck are too numerous to count. Also, due to the weight of the trucks and the speeds involved, there is a very high risk of you being seriously hurt or even killed.
The emotional trauma and physical injury of such an accident can become completely overwhelming to you, and your loved ones. Because of the possible costs incurred to you, when you or someone you love is injured in a truck accident, it is vital to understand all your legal options.
These cases are legally complex, and often involve litigation against multiple parties, so consulting with an experienced Orange County truck accident lawyer is mandatory.
Essentially though, your lawyer will explain that there are three types of compensation you may be entitled to, and they can add up to millions.These types of compensation are:
1-Economic damages – This type of compensation is easier to calculate because the items can be assigned an actual dollar amount. When you, and your attorney, review the details of your case, you will provide information on all your current economic, out-of-pocket, and other expenses.
These might include but are not limited to:
o Current and past medical bills, and costs.
o Physical therapy, that you may need or be receiving.
o At-home nursing care.
o Necessary modifications to your residence due to your accident.
o Damage to your personal property.
o Lost wages both immediate and possibly in the future.
The financial turmoil and the aftermath of a truck accident can often be a tremendous financial burden. You must worry about your health and recovery, so don’t try to do this alone!
2-Non-economic damages – These damages, and the compensation due, are more difficult to calculate because they may be more intangible and might not be easily assigned a dollar value. Things such as future medical expenses can be estimated based on what your doctor’s prognosis is but there aren’t any current invoices.
These non-economic damages include:
- Potential lost future earnings.
- Pain and suffering for you, and your loved ones.
- Grief and emotional counseling.
- Future care & medical expenses.
This type of compensation usually addresses items such as the loss of a loved one in the accident, or if you’re having a difficult time dealing with the emotional impact of your injuries.
3-Punitive damages and compensation – These damages are rarer, but in some cases, you might be entitled to receive punitive damages. Punitive damages are typically added to the other economic and non-economic compensation you receive from your claim. Courts award these damages usually to make an exemplary case of a negligent driver or trucking company.
Both non-economic and punitive compensation you receive will highly depend on the professionality, experience, and ability of your Orange County personal injury lawyer, so it’s obligatory to get the help you need!
What Dollar Amount Can I Expect for My Truck Accident in California?
If you’ve been injured in a California truck accident, you normally want to have an idea of the average settlement you may receive. Unfortunately, though, especially involving a truck accident you may completely be caught off-guard with the amount and must face unexpected financial losses through no fault of your own. At times, the amount of your settlement may be limited to the maximum limits on the drivers, or trucking companies, policy.
There are many factors involved in determining these settlement amounts. Of course, the more significant your injuries and the more devastating your losses, the greater your chances of obtaining a very large settlement. Your Orange County lawyer will explain that compensation usually can be obtained from insurance benefits, but also by filing a civil lawsuit.
So, on average, in a truck accident, you can expect economic damages maybe $50-150,000, but possibly a civil lawsuit which could increase the non-economic and punitive damages, your compensation could be in the millions. This is another legal area where your Orange County experienced truck accident lawyer will help you the most.
What Should I Do After Having a Truck Accident?
The first and most important is to get the medical attention you need, and for any other parties involved in the incident. This should be your main concern, as life and limb can easily be threatened in a truck vs. car accident.
The next most important act is to notify your insurance company and file your claim. The quicker you get the proper documented medical attention, and put your insurance claim in motion, the better your outcome could be.
The following should also be done either by you, or someone who can assist you:
o Remain at the Scene of the Accident, if medically possible.
o Gather Information at the Scene.
o Obtain Witness Information.
o Seek Medical Treatment.
o Keep All of Your Bills.
o Keep a Record of Your Injuries and Recovery
o Keep Going to Your Doctor.
All this documentation will help in obtaining the money you need and are legally entitled to.
Approximately How Long Does It Take to Settle a Truck Accident Claim in California?
Insurance companies in California commonly have 85 days to settle a claim after it is filed. California insurance companies also have specific timeframes in which they must acknowledge the claim and then decide whether to accept it, before paying out the final settlement.
Insurance Claim Timeline in California
- 15 days to acknowledge the claim and send the policyholder instructions and paperwork. This includes proof-of-loss forms, which serve as a sworn statement from the policyholder about the scope of the damage or injuries.
- 40 days to decide on the claim after receiving completed proof-of-loss forms.
- 30 days to make the final payment if the claim is approved.
So, initially, your insurance claim may be settled relatively quickly, but if a civil suit needs to be filed to get you what you deserve, it may be considerably longer. Your Orange County truck accident lawyers will be sure to fight, professionally and successfully, for what you deserve.
I Have Been Injured in a Truck Accident; How Should I Proceed?
These accidents can be devastating, and if you’ve been injured in a truck accident immediately contact the large truck accident lawyers at Gibson & Hughes.
The firm of Gibson & Hughes practice in many areas and are highly experienced and will organize a highly successful case so you, and your family, receive what you need and legally deserve.