How Much Are Most Truck Accident Settlements?
The primary goal of our attorneys is to recover maximum compensation for our clients pursuing truck accident settlements. Crashes involving 18-wheelers are generally more devastating than typical passenger vehicle accidents; they often cause catastrophic injuries, lifelong disabilities, and even death. When facing substantial physical, financial, and emotional losses, it is common for the wrongfully injured to ask, “How much is my case worth?”
Every truck accident case is unique, so it is difficult to answer this question honestly without knowing the specific details. Some truck accident injuries are severe or even life-threatening, while others are immediately fatal.
For more than 45 years, Burg Simpson has helped our clients seek justice in a range of situations, including truck accident settlements and verdicts from trial. If you suffered an injury in a truck wreck, we want to hear your story. You may be entitled to compensation for your physical, financial, and emotional losses.
To schedule your FREE and confidential case evaluation with an experienced Denver truck accident lawyer, call Burg Simpson Law Firm at 303-792-5595 today. We help individuals and families from across the Front Range and other Colorado areas.
How Are Truck Accident Settlements Determined?
Truck accident settlements are determined through a negotiation process between the parties involved, typically the injured party and the responsible party or their insurance company. These settlements are intended to compensate you for the damages and losses you suffered as a result of the 18-wheeler crash. The specific factors that influence the value of truck accident settlements can vary, but here are some key considerations:
Establishing who is at fault for the crash is a critical factor. If it’s clear that the truck driver or their employer is primarily responsible for the accident, it can impact the settlement amount. This determination may be made through a police report, witness statements, expert testimony, and other evidence.
In Colorado, comparative negligence follows the modified comparative fault system, specifically the 50% bar rule (see Colo. Rev. Stat. § 13-21-11). Under this system:
- If you are found to be less than 50% at fault for the incident, you can recover damages from the other party. Your total damages are reduced by your percentage of fault.
- If you are found to be 50% or more at fault, you are barred from recovering any damages from the other party.
For example, if a jury determines that you are 30% at fault for an accident and the trucker is 70% at fault, you can still recover damages, but your award will be reduced by 30% to account for your share of negligence. This can impact settlement negotiations.
The Severity of Your Injuries
The extent of your injuries and their impact on your life, including medical bills, ongoing medical care, rehabilitation, and pain and suffering, plays a significant role in determining the truck accident settlement amount. More severe injuries generally require more extensive medical care and longer absences from work, leading to higher settlements.
Truck accident settlements may involve a variety of catastrophic injuries, including:
The Long-Term Impact on Your Life
When determining damages, it is critical to consider the long-term impact of a truck accident injury on your daily life. Your attorney can help you seek compensation for a variety of losses, such as:
- Future medical expenses
- Loss of earning capacity
- The cost of modifying your home or vehicle
- Household medical care and professional services
- Assistive devices
- Mental anguish
It’s important to remember that when insurance companies offer truck accident settlements, the amount they offer may not adequately account for the long-term effects of the injury. Experienced truck accident attorneys understand the full value of your claim and will fight to ensure that both your immediate and future losses are covered.
What Is the Negotiation Process of Truck Accident Settlements?
Settlement negotiations involve a series of discussions and communications between parties involved in a legal dispute. At Burg Simpson, we prioritize obtaining the full amount of compensation you need to cover your immediate and future losses. Insurance companies are in the business of making profits, not paying out claims, so it is essential that you have a knowledgeable advocate on your side to ensure your rights and best interests are protected throughout the process. In Colorado, truck accident settlement negotiations typically involve some of the following elements:
Initial Demand and Response
The negotiation process often begins with your attorney sending a demand letter to the trucking company’s insurance company or legal representative. This letter outlines your claim, the extent of your injuries, and the amount of compensation you are seeking. The trucking company or their insurer will then respond with a counteroffer or a denial of liability.
Exchange of Information
Both sides may exchange evidence, such as medical records, accident reports, witness statements, and any other relevant documentation, to support their claims and counterclaims.
Attorneys for both parties may engage in negotiation meetings or discussions to try to find common ground and reach a settlement. These meetings can take place through in-person discussions, phone calls, or written correspondence.
In some cases, the parties may opt for mediation, which involves a neutral third party (the mediator) who helps facilitate negotiations. Mediation can be a more structured and formal process to encourage a settlement. Your attorney can help guide you through this process.
Some agreements or insurance policies may require binding arbitration to resolve disputes. In arbitration, a neutral arbitrator reviews the evidence and makes a binding decision on the case. It is beneficial to have a lawyer advise you throughout the arbitration process.
Documentation of Settlement Agreement
Once the parties agree to a settlement, the terms are documented in a legally binding settlement agreement. This agreement outlines the amount of compensation, any conditions, and a release of liability. Both parties sign the agreement.
Fulfillment of Settlement
The trucking company or its insurer typically provides you with the agreed-upon compensation. This should include payments for medical bills, property damage, lost wages, pain and suffering, and more, depending on the details of your specific situation.
Settlement negotiations can be a complex and sometimes lengthy process. Both parties may have different perspectives on the value of the case, and negotiations may go back and forth before a settlement is reached.
If negotiations are successful, the case is resolved without going to trial. If negotiations fail, your attorney may advise you to file a lawsuit to seek a resolution through the court system. In these cases, a judge or jury will determine the outcome.
Working with an experienced truck accident lawyer at Burg Simpson Law Firm can be invaluable in achieving a favorable settlement in your case. We have extensive experience handling a range of personal injury cases, and we are passionate about helping our clients recover the compensation they need and deserve after a serious injury.
Discuss Your Case with a Denver Truck Accident Lawyer for FREE
If you were hurt in a serious truck accident, contact Burg Simpson for a FREE and confidential case evaluation today. Our Denver truck accident lawyers serve Aurora, Englewood, Lakewood, Highlands Ranch, Northglenn, and nearby areas in Colorado.