Personal Injury Settlement Amounts For Truck Accidents In Texas
A “truck” is described in Texas as any motor vehicle primarily used for transportation of goods or property. In some instances, the truck’s specific features (such as truck weight or products being transported) determine whether a specific law applies.
The results of truck accidents tend to be more devastating than regular car accidents due to the size and weight of these large trucks. Because truck accidents cause greater injuries and damage, they generally have much higher quantities of settlement.
Personal Injury Settlement And The Law
Both federal and state laws set certain rules that must be met by truck operators and drivers. The federal laws in question can be found in Title 49 of the Federal Regulations Code. The bulk of state laws, which commercial truck drivers need to comply with can be found in Title 7 of the Texas Transportation Code. Texas law follows what is frequently referred to as the laws of proportionate liability and laws governing fault and negligence (punitive damages). This implies that the proportion you are found to have been found to be at fault for the incident arising in your damage can reduce your recovery, if any. Also, if you are discovered to be 51 percent liable for your injuries, you are not allowed to recover any compensation under Texas law.
When assessing what kind of settlement to expect from your truck accident instances, you need to consider a variety of things including responsibility, fault, damage, pain and suffering, and payment capacity. Where liability is concerned, what happened and how it took place matters. Both economic and non economic damages can be claimed.
How A Personal Injury Settlement Amount Can Increase After A Truck Accident?
A personal injury settlement amount in a truck accident can be increased considering the following common factors:
- Medical costs
- Loss of work / Salary / earnings
- Loss of consortium / Wrongful deaths – The damages in a Texas wrongful death truck accident relate to the individual damages to the surviving family.
To establish a claim in wrongful death lawsuit, the following needs to be considered:
First, was the death caused in part or fully by the defendant’s actions?
Second, was the death a result of negligence on behalf of a defendant?
Third, has the death left any surviving immediate family members being a spouse, children or parents?
- Pain, suffering or aggravated injury
- Car / Property damage
The amount of compensation awarded is calculated by the injuries and damages that resulted from the truck accident and the compensation is also paid considering the above factors for the loss occurred. However, Insurance companies and 18-wheeler companies may try to offer the lowest settlement possible for any injuries occurred. An insurance defense attorney may also contend that your injuries happened after the date of the accident, even if you are injured, and were not caused by the accident. This is called a defense of “subsequent injury.”
In Texas, you can recover non-economic damage including pain and suffering. You may be entitled to compensation for pain and suffering caused by medical treatment, accident trauma, interference and limitations caused in your everyday life by physical pain, change in quality of life, or long-term and chronic pain. Every case may be different, depending on their facts and circumstances but there are lawsuits and precedents where the victims had settlements valued from $1 million to $25 million USD.
An experienced attorney for truck accidents can assist you to make a claim for personal injury. The Hollingsworth Law Firm, PLLC is a firm you can trust to represent your best interest with honest and expert legal experience. We understand what you and your loved ones are going through, and have been helping personal injury victims like you through the years. We can help you obtain the monetary compensation that is rightfully owed to you.
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