What Is the Average Settlement for a Semi-truck Accident?
We can’t disclose the average settlement for semi-truck accidents. Not because we don’t want to, but because the outcomes of these cases aren’t usually public information. We can, however, talk about the different factors that can affect the financial value of your case.
The Value of Your Financial Losses Plays a Large Role in Your Settlement
The value of your losses from the truck accident will govern, to a large extent, the financial value of your injury claim. Let’s say that you have $100,000 in medical bills. Your settlement will likely be higher than someone who has $20,000 in healthcare expenses from a similar accident.
The severity of your wounds and how well you heal are two more factors that can impact the monetary value of your settlement. A person who has a long-term disability from their injuries after completing medical treatment will likely settle for a higher dollar value than someone who heals completely.
The Liable Insurance Policy Plays a Role in How Much You Can Recover
Florida is a no-fault state, which means that everyone who drives a motor vehicle in our state must buy personal injury protection (PIP) coverage. PIP can help pay for some of your losses, like medical expenses and lost wages, but PIP has a low policy coverage limit.
For people with life-changing conditions, a $10,000 policy is grossly inadequate to cover even the medical bills, much less all of their other losses. After turning first to their own small PIP policy, a person with severe injuries could pursue damages from the at-fault party’s insurer. This could allow you to seek damages beyond your own PIP coverage.
Fault Can Affect How Much You Can Recover
Florida used to allow an injured person to recover compensation for their losses regardless of fault. Theoretically, if you were 99 percent at fault in a truck accident and the other driver was only one percent at fault, you could still seek some of your damages.
Your recovery would get reduced by the percentage of your negligence. In this scenario, your negligence would reduce your recoverable damages by 99 percent. This rule, called comparative negligence, changed recently.
Now, if you were mostly at fault, defined as more than 50 percent at fault, you cannot seek any compensation from another party who was also at fault in the truck accident. This change is a significant factor that can affect the settlement value of your truck crash injury claim.
Your Semi-Truck Accident Settlement Can Account for These Losses
Let’s examine some of the damages you can pursue through a semi-truck accident claim:
- Medical expenses. Typically, you can recover the cost of your necessary healthcare expenses. These vary from case to case, but they can include things like the ambulance, emergency room, intensive care unit, x-rays and other imaging studies, lab tests, diagnostic procedures, surgery, doctors, hospitals, prescription drugs, and physical therapy.
- Lost wages. This category is for paychecks that a person misses when they cannot work while recuperating from their injuries.
- Non-economic damages. These losses are a little challenging to quantify in dollars, but they do have financial values in your tractor-trailer crash settlement. Pain and suffering is one of the most common non-economic damages. Some additional examples of non-economic damages include disfigurement from extensive scars and amputations, loss of enjoyment of life, and post-traumatic stress disorder (PTSD).
When a person loses their life in a semi-truck accident, their legal beneficiaries can pursue compensation by filing a wrongful death action against the at-fault party.
Florida Has Made Changes to Its Personal Injury Claims System
You used to have four years to file a personal injury lawsuit after a semi-truck accident. Now, with the passage of HB 837, the statute of limitations is only two years. If you do not file a personal injury lawsuit before the two-year filing deadline expires, you lose the right to seek damages through litigation.
The insurance company does not have to tell you about the statute of limitations. It might string you along and make you think that a fair settlement is on the horizon. Suddenly, the claims adjuster vanishes. They stop returning your calls and emails. Negotiating does not satisfy the filing deadline, so the at-fault party and their insurer are off the hook as soon as the statute of limitations expires. So, to preserve your right to damages, it’s in your best interest to consider prompt legal action.
The statute of limitations for filing a wrongful death case is also two years under Florida Statutes § 95.11, but this filing deadline has been two years for a long time. This procedural law did not get changed recently.
Three Pitfalls That Could Affect the Value of Your Truck Accident Settlement
There are countless pitfalls that could negatively affect the value of your injury claim. Your lawyer may advise that you avoid:
- Taking the first offer from the claims adjuster. The claims adjuster may offer a low settlement initially, hoping to settle your case for pennies on the dollar. Your lawyer can assess any offers and explain whether any meet your needs.
- Assuming that the insurance company is on your side. Insurance companies make their profits from paying less than people deserve for their injury claims. They’re more motivated to save money–not pay top-dollar for injured people’s losses.
- Forgoing legal help. The insurance company may try to talk you out of hiring a lawyer. You have every right to entrust your case to a truck accident attorney. The team at Meldon Law is confident that we can handle your legal matters from beginning to end––all without charging you a dime out of pocket.
Begin Your Free Case Review With Meldon Law
It doesn’t matter what the average settlement is for a semi-truck accident case. All that matters is your unique circumstances and the collision’s effect on your life. Meldon Law fights for every dollar you deserve for the accident and your injuries.
We serve our clients with compassion and integrity, and we won’t back down when fighting for you. You can start a free initial consultation when you call (352) 373-8000.
