What Is the Average Settlement for an 18-Wheeler Accident?

Due to the numerous variables that affect the value of a claim, there is no average settlement for an 18–wheeler accident. A Rhode Island truck accident lawyer can discuss the details of your case and help you determine the amount of compensation you are entitled to recover. 

The Severity of Injuries

Injuries in an 18-wheeler accident can be significant, and the more significant the injury is, the higher the claim value will be. Many times, victims face long-term recovery, numerous surgeries, long rehabilitation periods, and the need for constant or near-constant support. This can raise the cost of your claim. 

Some of the most extensive (and expensive) injuries include:

• Head injuries, including those resulting in traumatic brain injuries
• Spinal cord or column injuries, including those resulting in paralysis and nerve damage
• Neck and shoulder injuries, including severe whiplash and cervical spine damage
• Amputations of any limb or digit
• Internal organ injury resulting in surgeries, organ damage, or failure
• Broken bones resulting in complicated and crushing injuries
• Burns leading to multiple surgeries and disfigurement

The more serious the injuries are, the more costly the treatment is likely to be. Longer treatment, more invasive procedures, and a longer period of rehabilitation will increase the average settlement after an 18-wheeler accident. A Rhode Island truck accident lawyer can answer all of your questions.

Whether Someone Dies in the Accident

Victims who lose their lives in a truck accident suffer the highest loss possible. Family members or the estate may be able to recover damages. The value of a wrongful death claim is typically higher than injuries, but is based on factors such as:

• The age and health of the individual
• The type of injuries resulting in death
• The earnings and expected future earnings of the individual

In a critical case like this, working with an experienced wrongful death attorney is essential. The value of pain and suffering, future earning potential, and ongoing contributions to relationships are challenging to value.

Your attorney will investigate these factors to help you understand the average 18-wheeler accident settlement.

Whether Injuries Are Catastrophic

A catastrophic injury after an 18-wheeler accident is one that remains long-term. That is, a person may not heal and may suffer the consequences of these accidents for the rest of their lives. The value of accidents related to catastrophic injuries is often dependent on factors such as:

• The ability of the individual to work or not
• The impact the injury has on the quality of life
• The earnings and future earnings of the individual
• Future expected medical costs
• The amount of help a person needs in their home or in a long-term treatment facility

Catastrophic injuries, as defined by U.S.C. Title 42, typically require round–the–clock care or added support. Many eliminate a person’s ability to live life the way they expected to do so.

Most importantly, some will suffer a shortened lifespan as a result of the incident. Talk to a Rhode Island personal injury lawyer today about your case.

Who Is Proven to Be At Fault

Another critical factor in valuing an 18-wheeler accident is determining who is at fault. When more parties are found to be at fault, even partially, it increases the potential recovery of losses by the victim. Various parties could be held responsible for an 18-wheeler accident, such as:

• The truck driver
• The trucking company
• The truck manufacturer
• Cargo management and loading companies
• Maintenance and repair technicians
• Third-party owners of the truck

In situations where the 18-wheeler is privately owned, the truck driver may have limited liability coverage. That could mean that showing others that they are responsible could increase the liability protection available.

Whether Punitive Damages Are Applicable

It is rare for punitive damages to be awarded in an 18-wheeler truck accident, but it is possible under Rhode Island law. These damages are typically awarded when a person or company causes injuries and loss of life to others that is deemed malicious or intentional. If the driver was intoxicated or was driving aggressively, and that resulted in the accident, punitive damages may be applicable.

The court determines if punitive damages are a factor in your case. However, if you believe they are and that the responsible party acted in a malicious manner for any reason, be sure to communicate that to your attorney. That helps the attorney to seek evidence to prove that this was the case.

Rhode Island allows punitive damages, but they require a high standard of proof, and that can be hard to do with 18-wheeler accidents. Keep in mind that if the driver was operating with reckless indifference, callousness, or otherwise recklessly, this can significantly increase the value of the accident claim.

The Skill of the Attorney You Hire

Technically, an attorney should not play a role in the value of your case because you should be able to document your losses, show proof of who caused them, and expect payment. That rarely happens, though, especially with pushback from large insurance companies. 

Several factors can increase the value of your case, including:

• The attorney’s ability to demonstrate all parties at fault through effective investigations and evidence discovery
• The lawyer’s ability to demonstrate what all of your losses are, examining all potential ways in which you should be able to recover damages
• Negotiation skills and whether or not the attorney is willing to go to trial to fight for your case can also play a role in the value of your claim

It is a combination of all of these factors that typically play a role in what you will receive in an 18-wheeler average settlement. Yet, an attorney’s job must include providing you with the time and effort, having a long history of working against trucking companies, and having the willingness to fight for you. Review our case results today.

Setting Up a Consultation Can Provide Better Insight into the Value of Your Claim

The average settlement for an 18-wheeler truck accident is dependent on numerous factors specific to your case. A free consultation is the ideal way to determine what your case may be worth. It comes with no risk to you but does allow you to gain valuable insight. 

Call Gemma Law Firm today and take advantage of our more than 100 years of combined experience.