Many people who consult with a Kennesaw truck accident lawyer already have a number in mind when it comes to the compensation they want to obtain. From several hundreds of thousands of dollars to one million, these people base their estimation on what they read online about the average compensation for truck accident claims.
However, it is important to know that each settlement must be based on actual financial damages sustained by the accident victims. There are many other factors that play an important role in the negotiation process. Here are some of them:
1. The Comparative Negligence Principle in Georgia
Our state follows a comparative negligence principle for determining who has the right to seek damages after a personal injury accident (including truck accidents). The proportion of fault of all parties involved must be determined and only the party who is less than 50% is eligible to file a claim.
Moreover, the victim’s total damages will be reduced by an amount representing their percentage of fault. And the fact is that it is very unlikely to be found 0% at fault. Thus, you will never realistically obtain the full amount of your economic and non-economic damages.
2. Whether the Trucking Company Is Vicariously Liable
One of the key facts plaintiffs must know is that insurance companies will not pay one cent above the policy coverage. People who obtained hundreds of thousands of dollars managed to successfully prove the trucking company’s vicarious liability for their damages. These companies have large insurance policies, which cover such amounts.
However, if the truck driver is solely liable for your accident (for example, they were driving under the influence of alcohol or drugs), then your lawyer can only recover the maximum amount of the driver’s insurance coverage – which is much lower.
Nevertheless, a skilled attorney will analyze all the details related to your accident, the condition of the truck and the driver’s history of traffic violations. Their findings may establish the trucking company’s liability for:
- Negligent hiring
- Failure to maintain their trucks roadworthy
- Failure to comply with federal hours of service regulations
3. The Severity of Your Injuries
An experienced Kennesaw truck accident lawyer knows that the value of a claim is determined by the victim’s injuries. They are a key factor in determining damages in several ways:
- Medical care costs to recover from the injuries
- Lost wages for the duration of the time spent in hospital and rehabilitation
- Non-economic damages for pain and suffering
All these types of damages are directly determined by the extent and severity of the injuries. Trying to win millions for several fractures is unrealistic. People who win these types of settlements suffered life-changing injuries, such as extensive burns or spinal cord injuries resulting in paralysis.
4. Your Actions after the Truck Accident
Unfortunately, many accident victims make mistakes that cost them the fair compensation they deserve. Most often, they agree to talk to an insurance adjuster before they see a lawyer.
Adjusters are experienced in getting people to admit fault or to contradict themselves and appear as if they are making up the accident narrative. If you give a recorded statement with such answers, the insurance company will likely deny your claim and hope that a jury will side with them once they produce your statement during a lawsuit.
5. Whether You Qualify for Punitive Damages
Last but not least, if the truck driver acted with gross negligence and there is clear and convincing evidence to prove it, you may file a lawsuit and demand punitive damages beside the economic and non-economic damages.
However, going to court is risky, because there are no guarantees that you will win. You should rely on your attorney’s judgment and let them negotiate a fair settlement instead.
Schedule a Free Case Review with a Skilled Kennesaw Truck Accident Lawyer!
Once you recover sufficiently from your truck accident injuries, reach out to The Weinstein Firm to start evaluating your damages and preparing your claim. An experienced Kennesaw truck accident lawyer at your firm will fight for the maximum compensation you deserve.
As a new client, you benefit from a free initial consultation to review your case, so call us today at 770-HELP-NOW!
