- December 28, 2023
- Tucker Law
- Truck Accident Lawsuits
Car accidents can be frightening — especially if there is a truck involved. The difference in weight between a truck and a car is so significant that the person in the car is likely to get seriously injured.
This means that if you are in a truck accident, you could need a significant amount of money to fully recover from those injuries. But exactly how much money will you need? The right person to answer that question is the truck accident lawyer handling your case. Here are some of the key factors your attorney will use to determine the value of your claim.
Severity of Injuries
The first step in calculating the value of damages in a truck accident case is considering how badly you were injured. The medical professionals treating you will be able to provide this insight. Your Long Island truck accident attorney can ensure that you visit trustworthy doctors who understand truck accident injuries and can accurately diagnose you. Based on this information, an experienced personal injury lawyer can accurately determine how much your medical bills will cost based on the total care you will require.
The severity of your injuries also matters in determining how much real and potential wages you will lose due to the accident. Real wages are wages that you lost because you were unable to work. Potential wages are based on future lost opportunities due to your injuries.
For example, if you have to miss a year of work, you might miss an opportunity to get promoted. And that could potentially cost you thousands more over your life. Missed opportunities can happen even if you are unable to work only for a few weeks. Thus, sometimes a relatively minor injury can cost you a lot of money in the long run.
Assistance Services and Devices
After you have recovered from an injury, you may still deal with the repercussions of the injury. For example, if your eyes were damaged in an accident, you might need special glasses for the rest of your life, or you might never legally be able to drive a car again. The costs for a lifetime of glasses or paying for car services count as damages. Even minor injuries can require you to invest in support equipment or services.
It may not seem like a great expense initially, but if your injury prevents you from mowing your lawn, you need to pay someone to do it for you — and seemingly minor costs like these can quickly add up.
Pain and Suffering
Some damages can’t be easily defined. The value of a doctor’s visit is easy to determine; it is whatever the doctor charges you. But what value is assigned to waking up every morning in excruciating pain or feeling unable to date because you have terrible facial scars? This is a tricky question that Long Island truck accident lawyers grapple with in many cases.
There is no perfect answer. New York law allows you to obtain damages for pain and suffering only if you received permanent scars or were disabled by the accident. However, when this is the case, you can sue the other driver if they were responsible for the accident.
Typically, the amount of money you will get for these losses depends on how much they lower your quality of life. For example, minor daily pain will get you less money than something like a lost eye or permanent brain damage. While there isn’t a one-size-fits-all method for determining the value of your pain and suffering, your Long Island truck accident attorney can estimate how much money you will receive based on how much money juries awarded in similar cases.
How You Receive Damages After a Long Island Truck Accident
New York is a no-fault state. This means that compensation for your injuries is covered by your personal injury policy (PIP) up to the limit of that policy. For instance, if you need $80,000 for medical bills and $10,000 for lost wages, you could receive all of your compensation from your insurance company if your limit was at least $90,000. However, regardless of your policy limit, you cannot receive any pain and suffering awards from your PIP.
But what can you do if you need more compensation than your PIP covers, or if you feel you deserve money for your pain and suffering? If that is the case, you can get more money only if the other driver is responsible for the accident. Generally, your lawyer can file to sue that driver, but that doesn’t mean your case will go to trial.
In the vast majority of cases, the insurance company for the other driver negotiates a settlement agreement. Most settlement agreements cover all of your remaining economic damages and give you a reasonable amount of money for your pain and suffering. Trials often award higher compensation than that of settlement agreements — if your lawyer wins the case. But since winning isn’t guaranteed, it is usually best for all parties involved to agree to a settlement.
Damages Depend on Several Factors
No single factor can be used to calculate the damages you will receive after a truck accident in Long Island. Just because you were sideswiped by an Amazon truck on I-495 doesn’t mean you will receive the same amount of money as someone else who was similarly sideswiped.
Your attorney will need to determine who was at fault, how badly you were hurt, and what type of insurance policy you have, among other contributing factors. The most important step you can take if you want to maximize the money you receive is to contact a lawyer as soon as possible after an accident.
Contact a Seasoned Truck Accident Attorney in Long Island
If you were seriously injured in a truck accident in Long Island, you deserve to receive the compensation you need to fully recover from your injuries. A skilled truck accident lawyer from Tucker Lawyers PC can determine how much money you may be entitled to in your particular case. Contact our dedicated team at (516) 399-2364 for a free consultation today.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]