How to Increase a Settlement After a Semi-Truck Accident in Texas
If you’re in Texas and have been hurt in a truck accident, you might want compensation for your injuries and losses.
Going for a settlement is often better than going to court. Money can’t fix everything, but it’s meant to help victims as much as possible. Truck accidents can lead to different settlement amounts, from a few thousand to millions of dollars.
Hiring a reliable and seasoned personal injury lawyer in Texas, like Stephen Stewart, is important to get the best settlement after a truck accident. We know how hard these accidents can be on you and your family. The Stewart Law Firm is here to help and fight for your rights and the compensation you deserve.
What is the Personal Injury Settlement Law in Texas?
In Texas, if you want compensation for a truck accident, you need to show that the truck driver or the trucking company was at fault because they were careless, and this carelessness caused your injuries. However, if you are also partly to blame for the accident, the amount you can get might be reduced according to how much of the fault was yours.
The law states that you have two years from the date of the accident to file a lawsuit for injuries and property damage. This is stated in the Texas Civil Practice and Remedies Code § 16.003, emphasizing the importance of acting quickly.
What Is Texas’ 51 Percent Bar Rule?
In Texas, if you want compensation for a truck accident, you need to show that the truck driver or the trucking company was at fault because they were careless, and this carelessness caused your injuries. However, if you are also partly to blame for the accident, the amount you can get might be reduced according to how much of the fault was yours.
The law states that you have two years from the date of the accident to file a lawsuit for injuries and property damage. This is stated in the Texas Civil Practice and Remedies Code § 16.003, emphasizing the importance of acting quickly.
What Determines the Settlement Amount in a Truck Accident?
When it comes to navigating the aftermath of a truck accident, understanding what impacts the settlement amount can be crucial. The compensation you receive is not just a number; it’s a reflection of the physical, emotional, and financial hardships you’ve endured.
Here’s a breakdown of the economic and non-economic damages that play a role in determining the amount of settlement in a truck accident case:
- Medical Costs: Victims might need extensive medical care, including emergency services, hospital stays, surgeries, doctor visits, and physical therapy. They can ask for enough money to cover these costs.
- Lost Wages: If injuries from the accident keep a victim from working, they might lose out on weeks or even months of pay. If they’re left with long-term disabilities, it could impact their ability to earn in the future. Compensation can cover money lost during recovery and future earnings.
- Property Damage: Truck accidents often cause serious damage to vehicles and other belongings. Victims can get money to fix or replace their damaged property.
- Pain and Suffering: Accidents cause financial strain, physical pain, and emotional stress, lowering the quality of life. Victims can be compensated for these personal impacts as well.
- Fault and Liability: The settlement also hinges on establishing fault. The degree to which the other party is responsible for the accident plays a significant role in the calculation of compensation.
- Insurance Coverage: The available trucking insurance limits of the party at fault can set the ceiling for your settlement amount. This practical factor often shapes the final figure of compensation.
In any truck accident case, the main things looked at are the injuries and who’s legally at fault. An injury can be physical or emotional harm caused by someone else. Figuring out who’s at fault involves looking at evidence like police reports, witness statements, and photos to see what happened.
Again, it’s not always the truck driver’s fault. Sometimes, the other person might have caused the accident, fully or partly.
How Much Can You Recover in a Truck Accident Settlement?
Trucking companies have different insurance rules based on what they’re carrying, set by the Federal Motor Carrier Safety Administration (FMCSA). Trucks, especially big ones like semis or 18-wheelers, can cause serious damage, much more than what typical car insurance might cover.
People hurt in these accidents often discover their own insurance isn’t enough to cover their medical bills, which can quickly reach millions of dollars. Therefore, the money you might get from a truck accident can vary greatly, ranging from a few thousand to millions of dollars, based on certain key details.
How Can You Increase Your Truck Accident Settlement Amount?
Securing a fair settlement after a truck accident can be complex and daunting. Working with an experienced Texas truck accident attorney to adopt a strategic approach is essential to maximizing your settlement amount. Here are some steps on how you can put these strategies into action:
Step 1: Gather Evidence
Collect as much evidence as possible to support your claim. This should include photos of the accident scene, witness statements, and medical records.
Step 2: Document Your Injuries
Keep detailed records of your injuries, treatments, and related expenses. This documentation can include medical bills, prescription receipts, and notes from your healthcare providers.
Step 3: Negotiate Effectively
Work with your attorney to have your questions answered and negotiate a fair settlement with the insurance company. Be prepared to present evidence of your damages and be open to negotiation to achieve a favorable outcome.
Step 4: Consider Mediation or Arbitration
If negotiations don’t lead to a settlement, consider alternative dispute resolution methods, such as mediation or arbitration, to find a resolution.
Call Our Texas Truck Accident Attorney Today
Hiring a good personal injury lawyer makes this process easier and can lead to a better settlement. If you need a lawyer, Stephen Stewart could be a good fit. His years of experience will reflect on your case, working passionately to get you the best possible outcome.
Contact us at (512) 326-3200 for an initial consultation.
How Can Your Lawyer Help Increase Your Truck Accident Settlement Amount?
An experienced personal injury and truck accident lawyer plays a vital role in increasing your truck accident settlement amount. They start by building a solid case for you, which involves collecting evidence, talking to witnesses, and consulting experts to show clearly who was at fault and the extent of your damages.
They take over negotiations with the insurance company, using their knowledge of insurance tactics to argue for a fair settlement on your behalf. If negotiations don’t lead to a satisfactory settlement, your lawyer is also prepared to take your case to trial, fighting in court to get you the compensation you deserve.
