When someone suffers serious injuries in a crash, their focus (and that of their loved ones) can and should initially be on getting the best possible medical treatment. However, it doesn’t take long for those ambulances, hospital stays, surgery and other medical bills to start rolling in. It can be tempting to accept what may look like a favorable and quick settlement offer from an insurer for the at-fault party. However, this is not a decision you should rush or make without legal support.
Crash victims – particularly those involved in a collision with or caused by a truck – may face months or even years of treatment, rehabilitation and other financial losses. They often have to deal with permanent disabilities. You have the right to take the necessary time to weigh any settlement offered and seek much more compensation based on predicted future costs.
Types of compensation available
West Virginia follows what’s called a “50% modified comparative negligence” rule. This means an injured party can recover compensation as long as they were no more than 50% at fault.
The percentage of the value of the full claim for economic damages you can collect depends on how much, if at all, you were at fault. Economic damages are those that can be easily quantified and proven, like medical expenses and lost wages.
Then there are non-economic damages, commonly referred to as “pain and suffering.” These are for physical and emotional suffering and loss of enjoyment of life.
If it can be proven that an at-fault party acted “with reckless and outrageous indifference to the health, safety and welfare of others,” you may be able to seek punitive damages on top of the other damages. Note that the modified comparative negligence rule doesn’t apply to non-economic or to punitive damages.
The role of evidence in maximizing compensation
Determining how fault is divided in a crash can be crucial to maximizing your compensation. This includes collecting evidence from the scene like police reports, photos, videos and witness statements. If it was a particularly serious crash, accident scene investigators may go over the scene thoroughly as well. All of this evidence can help with seeking punitive damages as well.
Proving pain and suffering-related damages may involve getting statements from mental health professionals, family and friends and others. All of this, of course, takes time and skill.
Why specialized legal representation is crucial
When the financial stakes are high, it’s crucial to have legal guidance from those experienced in helping victims of truck crashes. Aside from the catastrophic injuries they can inflict, these crashes are complicated by the number of parties that may be at fault – and who are quick to blame others. This can include the driver, the trucking company, the company that loaded the cargo and more.
Choosing the right attorney
An experienced semi truck accident attorney with a history of success getting maximum compensation from these entities is your best choice. You also want someone with compassion for what you and your family are dealing with and who will stay in communication about how your case is progressing while you’re concentrating on getting your life back to whatever degree of normal is possible.
We Can help! Contact The Masters Law Firm, L.C. today!
It is often important to protect your legal rights and secure compensation after a truck accident. That’s why getting experienced legal guidance as soon as possible to protect your right to fair compensation is critical.
Our team of specialized semi truck accident attorneys are ready to help. Call us at 304-371-7894 or fill out our online form to arrange a consultation.