Truck accidents can devastate the lives of victims and their families – but South Carolina law allows victims to seek compensation for any injuries they suffer in a collision with a commercial truck. But how is the compensation determined in these cases? Here’s a closer look at how the process works.
What Factors Influence the Value of a Truck Accident Injury Claim?
Several factors can significantly impact the value of your truck accident injury claim:
Injury Severity and Medical Bills
The severity of your injuries can significantly increase the compensation you can receive from a successful claim. In short, the more severe your injuries, the higher the payout you can expect to receive.
To translate the severity of a victim’s injury in economic terms, attorneys, insurers, and courts in South Carolina factor in the amount of all medical bills directly related to the accident and estimate the future costs of long-term care. They also calculate the expenses related to mental health treatment, such as counseling for trauma or depression resulting from the accident. The resulting amount will serve as a baseline for your personal injury claim.
Lost Income and Foregone Wages
Your attorney will also help you determine the income you lost while recovering from your accident. This figure includes more than just missed paychecks – it also includes all the work time that you missed because of your injuries, medical appointments, and recovery periods; the bonuses, commissions, and benefits that you may have forfeited; and the difference between what you could have earned over your lifetime and what you’re able to earn after your injury.
Pain and Suffering
The pain, suffering, physical harm, and emotional distress that you experience will factor into your final claim amount as well. But these calculations require more work.
Most courts use either the multiplier method (multiplying your economic damages by a factor of 1 to 5 based on severity) or the per diem method (assigning a daily dollar amount to your suffering and multiplying by the expected recovery duration) to calculate the full value of your claim.
What Evidence Should I Gather to Support My Claim Value?
To maximize the amount of compensation you can demand, collect all medical records related to your injuries, including doctor’s notes, test results, treatment plans, and billing statements. Make sure to maintain copies of the receipts for any medication, medical equipment, and transportation to medical appointments.
Also, request copies of your work records that document your wages, benefits, and time off from work. All of this documentation will help prove the amount of money that you paid and forfeited because of your accident and, ultimately, because of someone else’s negligent actions.
Should I Accept the Insurance Company’s First Settlement Offer?
Initial settlement offers will rarely reflect the true value of your claim. Insurance companies typically lowball your offer to start, hoping that you will settle for less and save them some money.
Before talking to insurance company representatives, meet with a South Carolina truck accident attorney who can calculate the payout you truly deserve and compare it to the insurance company’s offer.
Be patient – if you accept a premature settlement, you will often leave substantial compensation on the table.
How to Get Help with Your Truck Accident Claim from Experienced Attorneys
At Willcox, Buyck & Williams, P.A., our personal injury attorneys understand how to accurately value your truck accident claim for maximum compensation. We have a proven track record of successfully handling truck accident injury claims with professionalism, dedication, and compassion – we take pride in helping our clients rebuild their lives after devastating accidents.
If you suffered an injury in a truck collision, call our office to schedule a free consultation, or fill out our online form. We will help you demand the compensation and justice you deserve.