4 Factors That Can Influence the Value of a Truck Accident Claim

Because every truck accident case is unique, there’s no universal formula for calculating the total value of a given claim. Your attorney will consider many factors when approximating a fair settlement amount. Examples include:

1. The Severity of Your Injuries

More serious injuries usually warrant greater compensation. Not only do catastrophic injuries cost more to treat, but they can also cause significant non-economic damages such as mental anguish, loss of enjoyment in life, and pain and suffering. Also, the more time you spend out of work to recover, the greater your loss of income will be.

2. The Role You Played in the Accident

Minnesota follows a modified comparative fault rule, which means personal injury payouts are reduced by the plaintiff’s own percentage of liability. Additionally, a plaintiff who is found more liable than the defendant would be barred from recovering anything at all.

It’s important to note that even if you did not contribute to the accident, you may still be held partially liable for your damages depending on the circumstances. If you weren’t wearing your seat belt, failed to seek prompt medical care, or ignored your doctor’s orders, the opposing party may argue that you should not be compensated for 100 percent of your losses.

3. Whether the Defendant’s Behavior Was Particularly Egregious

Under Minnesota law, personal injury claimants may seek punitive damages in addition to compensatory damages if the defendant acted with deliberate disregard for other people’s rights, or with knowledge or intentional disregard that their actions had a high probability of causing harm. Although most truck accident victims are not entitled to a punitive award, there are some scenarios in which punitive damages are warranted. For example, you may be entitled to punitive damages if the trucker was under the influence of drugs or alcohol, or if they fled the scene after hitting you.

4. The Strength of the Evidence

If you don’t have strong evidence of liability, causation, and damages, the insurance company might dispute your claim. This can lead to litigation, which sometimes comes with added costs that would come out of the final settlement or verdict. The best attorneys will take every reasonable step to win a fair settlement without proceeding to litigation, but they won’t hesitate to file a lawsuit if the opposing party refuses to cooperate.

Call 320-259-5414 to Discuss Your Case with a Truck Accident Lawyer in St. Cloud

If you or a member of your family was hurt because of a reckless trucker or negligent motor carrier, contact Bradshaw & Bryant to determine the most strategic way to proceed. We provide accident victims with the attentive guidance, straightforward answers, and tailored legal solutions they deserve. Call 320-259-5414 today or fill out our online Contact Form to schedule a free case evaluation with a truck accident attorney in St. Cloud. We can come to you if you are unable to come to us.