What's a Fair Settlement After a Kansas City Truck Accident?
Large truck accidents cause thousands of catastrophic injuries and fatalities each year. Because of the size and weight of these massive vehicles, occupants of other vehicles are at a high risk for injury and death.
During 2017, 4,761 people died in accidents involving large trucks, a nine percent increase from 2016. Of those victims, almost three-fourths were occupants of other vehicles.
The value of a truck accident claim can be difficult to determine. Many factors impact how much your truck accident claim is worth, and each case is unique. However, our Kansas City truck accident attorney can carefully research and analyze each factor that impacts the value of your particular claim to maximize the compensation that you are entitled to receive for a truck accident.
Factors The Impact the Value of a Truck Accident Claim
Before you can settle a personal injury claim for a truck accident, you must calculate the value of the claim. The value of a truck accident claim includes compensation for your financial damages and noneconomic (pain and suffering) damages. Several factors can impact the value placed on your truck accident claim.
Severity and Type of Injuries
Truck accidents can result in traumatic injuries and permanent disabilities. In most cases, the more severe the injury, the higher the value of the claim. There are several reasons why the severity and type of injuries impact the value of your claim.
Severe and catastrophic injuries usually increase the amount of financial damages. Medical expenses, personal care, and loss of income increase as the severity of your injury increases. Permanent disabilities dramatically increase the value of a claim because the victim also has future damages for ongoing care and loss of income. Also, the mental and emotional distress caused by a severe injury increase as a person’s life is changed forever because of a permanent impairment or disability.
The total financial losses impact the value of your claim. In most truck accident claims, victims are entitled to recover full compensation for all financial losses and expenses related to the accident, their injuries, and their recovery. However, proving financial damages may not always be easy in a truck accident claim.
Current expenses for medical treatment and loss of income can be substantiated through copies of medical bills, invoices, receipts, and statements from employers. However, future damages are more difficult to estimate. In many cases, medical experts and financial experts are required to prove what it will cost for future medical treatment and the amount the person can expect to lose in income and earning potential because of the injuries.
Comparative Fault Allegations
In both Kansas and Missouri, a person’s compensation for a truck accident can be reduced if that person contributed to the cause of the accident. Therefore, if you are partially to blame for the cause of the truck crash, the value of your truck accident claim decreases by the percentage of fault assigned to you for causing the truck accident.
Insurance companies who may be liable for millions of dollars for a truck accident claim often turn to comparative fault to mitigate their damages. It is common for an insurance company to blame the accident victim for contributing to the cause of the crash. Our Kansas City truck accident attorneys are familiar with this insurance tactic and are prepared to fight this tactic aggressively to protect your right to full compensation for all damages.
Amount of Insurance
Commercial trucks are required to carry minimum truck insurance requirements under state and federal laws. However, as with minimum car insurance limits, the minimum insurance required for commercial vehicles may not be sufficient to pay all damages for a truck accident claim.
Therefore, it is important to search for all avenues of compensation in a truck accident case. In some cases, multiple parties may be partially liable for the damages caused by a truck accident. By identifying each party that might have some liability for your injury claim, we increase the chance that you can receive maximum value for your truck accident settlement.
Hiring an Experienced Truck Accident Lawyer
Insurance companies are familiar with the various truck accident attorneys in Kansas City. They know which law firms routinely settle claims and which lawyers do not hesitate to file a truck accident lawsuit and take the matter to court if necessary to protect their clients' best interests.
When an insurance company knows that a Kansas City truck accident attorney does not settle a case for a quick payout, the insurance company may be willing to offer more for a settlement than it would if the case involves a law firm known for quick settlements. Hiring an experienced truck accident law firm with a reputation for aggressively pursuing claims on behalf of its clients can help increase the value of a settlement.
Contact Our Kansas City Truck Accident Attorneys
Still have questions about your truck accident claim? Our Kansas City truck accident attorney has answers to truck vs. car accident questions commonly asked by our clients. You can also download our free book, Crash Course, to learn how to avoid the common mistakes truck and car accident victims make with their personal injury claims.
If you want to know how the above factors might apply to your truck accident claim, call us right now at 816-203-0143 for a free consultation with our Kansas City truck accident lawyer. If you were injured in a Missouri or Kansas truck accident, we can help you evaluate the potential recovery you may obtain from your case and offer guidance as to next steps to consider. Whatever you choose to do, don't wait. It is critical that you take prompt action to protect your rights.