When you file for an injury claim in San Diego, the potential value depends on various factors. The most important aspect is the type of vehicles that have undergone the collision. If you get involved in a semi-truck accident, you must understand the severity of your injuries, evidence of fault, and insurance coverage to determine an accurate estimate. So, let’s get to the depth and understand the considerations.
- Severity of the Injuries
Truck accidents can be fatal, and the injury’s seriousness is comparable to collisions with other vehicles. Thus, it is considered the prime factor determining the claim value. If the injury is severe, you will get a higher compensation, and it is determined through the type of the injury, the long-term effects of the injury, the cost and necessity of past and future medical care, and how the injury is affecting your daily activities and quality of life. If you have lost your ability to earn due to the injury, it also weighs heavily in the valuation as part of lost income. Along with this, emotional distress and pain are also considered in the claim.
- Evidence of Fault
The evidence should be able to prove the truck driver or company’s liability, which involves black box data from the truck, video footage of the accident, and maintenance logs or driver’s records. These results from drug and alcohol testing are also crucial evidence to strengthen the claim. Moreover, this evidence increases the settlement values, and no disputes can arise later. However, the compensation might be reduced if you are found to be partially at fault and booked under comparative negligence laws.
- Insurance Policy Limits
Semi-trucks have a higher insurance policy limit based on federal and state regulations. Thus, the claims are more severe when compared to the involvement of standard vehicles. However, the available insurance policy can limit the settlement amount. But, in this case, you can get the compensation from additional liable parties or through your insurance only if the damages surpass the limit and the claim amount becomes necessary.
- Other Factors Affecting Claim Value
Insurance companies usually undervalue the initial offer, so you must pursue the claim aggressively. In this situation, consulting truck accident lawyers are highly recommended for fair compensation. You must preserve the evidence through a spoliation letter as trucking companies try to deny the liability. Moreover, if you have any pre-existing medical condition that has been exacerbated by the accident, it must also be added to the claim’s evidence.
Conclusion
You must seek immediate medical attention whenever you face a partial truck accident. Keep all the documents, receipts, and invoices as part of the evidence and how the accident will change your daily life. It is equally important to negotiate with the insurer and hire an experienced attorney specializing in trucking accidents. When you have a clear understanding of the factors, it will help you to set a realistic expectation. Moreover, your advocate can also help you to maximize the compensation.