Being involved in an accident with a big truck such as a semi-truck can be very traumatizing. If you have injuries resulting from a big truck accident you may have a case against the trucking company. Injuries are almost never going to be minor when colliding with a commercial truck that is likely hauling cargo that weighs tons of pounds.
Commercial vehicle settlements are usually in the larger dollar amount range. If the accident is not your fault it is still going to be very difficult to know what the final settlement amount is.
You can expect to receive:
1) lost wages from the time that you were not able to go to work
2) Payment for the total cost of your medical expenses (Note: claim will take many years on average to settle due to serious injuries taking a while to resolve.
3) Compensation for lost earning potential from the accident
4) Compensation for pain and suffering
5) Loss of a loved one if it resulted in their death
6) Vehicle/Property damage
A number of factors go into determining a settlement. First, liability is dependent on the state that you reside in. But generally, the percentage of fault that you are assigned reduces the overall amount of compensation you can expect to receive.
An attorney can help you determine how the state of New Mexico’s law factors into your potential claim. We can help you with that by talking to one of our qualified attorneys at (505) 242-7200. You also need to keep in mind that if you cannot demonstrate that the truck driver and trucking company are 51% of or more at fault you may be denied any compensation from the party’s insurance company.
Second, the severity of the injury suffered is important to know because insurance composing and opposing attorneys will look heavily at this. The more severe the injury the better chance you will have of receiving a higher settlement either from the insurance company or the jury that handles the case. But it is common for opposing lawyers to look into your medical history to find preexisting conditions that may relate to the injuries suffered or simply dispute the injuries and medical problems claimed.
Third, if a fatality took place as the result of the accident the settlement is almost always going to be very high. You may even have a wrongful death lawsuit that you can proceed with. But you would need to talk with a lawyer to determine the details before filing.
Fourth, if the insurance company that must pay out the settlement does not have enough money available to pay out that would limit a potential settlement. The average commercial truck will have $1 million in liability coverage on average. A very severe accident will usually be above $1 million.
We specialize in trucking accidents. If you are ready to begin your case give our attorneys a call at (505) 242-7200. Our attorneys will work with you to determine the best plan of action and get the best outcome for you and your family. The Davis Kelin Law Firm is New Mexico’s Premier Personal Injury Law. If the trucking accident happened in New Mexico we can take the case!
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