Many truck accidents occur due to motorists’ and road users’ negligence. Recovering from a truck accident injury could strain you emotionally, physically, and financially. Fortunately, victims of a negligent accident are entitled to compensation for their injuries. If you or your loved one is involved in a truck accident, compensation will be a lingering thought in your mind. Learning about the compensation you may recover and how the benefits are calculated will help chase your claim. Seeking legal guidance is crucial when filing a claim after a truck accident.

Determining Compensation in a Truck Accident

Truck accidents are severe, and they could result in catastrophic injuries. Since most truck accidents happen because of negligence, you can file a claim against the negligent parties' compensation. Most truck accident injuries take a long time to recover, while others may not recover completely. While you recover from your truck accident injuries, you may be required to spend a lot of money for treatment. Also, you may not be able to return to work or carry on with your daily activities.

One of the most common questions we have after a truck accident is how much your claim is worth. Understanding how your compensation is determined can help you gather the relevant evidence required to support your claim. Also, determining the value of your claim will help you make sound decisions on whether to accept a settlement out of court or file a compensation claim with the court.

There are several forms of compensation you can recover from a truck accident personal injury claim. The amount you recover for each compensation benefit depends on specific factors of your case. However, the value of your claim is directly related to the damages you sustain from the accident. The following are some common considerations factored in when determining compensation benefits from a truck accident claim:

Cost of Medical Expenses

Medical expenses are inevitable after a truck accident. The injuries that result from a truck accident can take a long time to recover. Some of these injuries will require you to spend a substantial amount of time in the hospital nursing the wounds. Medical bills accumulate as soon as emergency responders are called to the accident scene. Other expenses you could incur may include surgery expenses, follow-up appointment expenses, and rehabilitation. If you are injured in a truck accident, you can recover compensation for present and future medical costs.

The court determines the compensation of your medical expenses by considering the following factors:

  1. The Value Of Your Medical Expenses

The court calculates your medical damages by adding up all your receipts from the doctors. To ensure you recover compensation for all the money you used to treat the truck accident injuries, you need to seek medical attention as soon as possible. When you visit the doctor, ensure you mention all your injuries. Even the slightest injuries could significantly impact your life.

Even when you do not feel pain after a truck accident, it would be wise to be checked by a doctor. Some of the most severe injuries like brain damage and internal bleeding may not be undetectable until you receive a medical checkup. After treatment, ensure all your injuries and medical bills are documented. You will need your medical bills as evidence for compensation in your claim. The court will calculate the value of your medical bills by adding up the receipts from your doctor.

  1. The Severity Of Your Injuries

If you suffer injuries that are not likely to record and could leave you with long-term disability, you can recover compensation for future medical expenses. Future medical damages can be challenging to recover in your claim. Therefore, it is wiser to sue for these damages after you have reached maximum medical recovery. This means that your condition will not improve after that time. 

You can establish the severity of your injuries from the medical reports and photographs or a video of the injuries. If you are involved in a truck accident, you can take pictures of your injuries to present as evidence. The court will review this evidence to determine the amount you deserve as compensation for your medical expenses.

  1. Your Medical History

When determining the amount of compensation you can recover after a truck accident, the court considers your past medical records. This is to ascertain that the injuries you are claiming compensation resulted from the truck accident. Therefore, you may need to present your medical history dating five years before the accident. However, if you had an injury that was worsened by accident, you can recover some compensation for medical bills.

When you seek compensation for medical expenses, it is crucial to proceed with guidance from a competent personal injury attorney.

  1. The Police Report From The Accident

Immediately after a truck accident, the police may arrive at the scene to assess the factors leading up to the accident. The police report often indicates the party whose negligence may have resulted in the accident. This information is derived from the information you provide to the police. The court uses the information provided in the police report in determining compensation for the medical bills. 

  1. Percentage of Fault in the Accident

When you seek compensation for medical bills after a truck accident, you must establish fault for the accident. The fault party's insurance company is responsible for compensating you for your losses. California is a comparative fault state. Therefore, your percentage of fault in the accident may affect the amount you recover for medical expenses.

Lost Wages

Lost wages are the earnings you lose when you fail to work as you are nursing your accident injuries. The amount of wages you lose after a truck accident is significant in determining compensation in your claim. Whether you pursue your injury case by filing a claim with an insurance company or through a civil court, the purpose of the lawsuit is to ensure that the negligent parties are financially accountable for the losses they caused you.

In most cases, truck accident injuries may leave you incapacitated for a long time. Some injuries like spinal cord damage and broken bones may cause you to spend a significant amount of time in the hospital. This could prevent you from going to work and earn a living. Some of the earnings that are considered when calculating compensation may include:

  • Regular Salary
  • Overtime pay
  • Allowances
  • Income from self-employment 
  • Commissions

Several factors go into determining lost wages in your truck accident claim, including:

  1. The consistency of your earnings before the accident. When determining the amount you deserve as compensation for your lost wages, the court will assess the consistency of your income before you suffer truck accident injuries. This will help calculate the amount you may have lost during the missed workdays. 
  2. The scope of the injuries and how long they could keep you out of work. Lost wages are often the amount you lose if you cannot go to work while nursing accident injuries. Severe injuries are likely to take a long time to heal. Therefore, you may miss a lot of work time. If your injuries are severe, you may receive more compensation for lost wages.
  3. Whether you can perform other duties within your scope of employment as you heal from the accident injuries. When determining the compensation for lost wages, a court may consider if you can take up another role within your job to avoid missing work completely. A completely incapacitated victim will not receive the same amount of compensation as one who can do some work after the accident.
  4. The nature of your job before the accident. After a truck accident, you are likely to sustain serious injuries. Whether or not you will be able to go back to work may depend on the nature of your work. For example, if your job involves vigorous physical activity, a broken leg may prevent you from returning to work. But if you work in an office, you can do some work even before your broken leg fully heals.
  5. The total amount of work missed. Determining lost wages significantly depends on the amount of time you missed from work. The total amount of work you missed is calculated based on the hours you work per day and other additions like overtime.

When you seek compensation for lost wages after a truck accident, the court requires you to present the following evidence that may play a role in calculating your compensation benefits:

  • Proof that you meet the conditions of earning overtime, promotion, and bonuses.
  • Your employer's policies on payments and bonuses.
  • Your employment contract includes the nature of your job, the number of hours you work in a day, and the amount you earn per hour.
  • Tax returns and billing statements when you were into self-employment before the accident.
  • Testimony from a forensic economist.

Lost Earning Capacity

Lost earning capacity is compensation for future inability to work. Truck accidents are particularly catastrophic. If you are lucky to survive the accident, you could be left with severe injuries such as traumatic brain injury, spinal cord injuries, severe burns, internal bleeding, or even amputations. Serious injuries are often the reason you lose your future earning capacity. Some of these injuries cause short-term or long-term disability that may make it impossible for you to return to the job position you held before the accident.

Fortunately, if your injury does not recover completely when your claim is settled, you can recover compensation for lost future earning capacity. Your injury does not need to be permanent for you to receive this type of compensation. Calculating lost earning capacity is complicated since the loss is anticipated. Payment for lost earning capacity would include the income you could have earned if you did not suffer from the truck accident.

Often the testimony of a forensic accountant may be vital in calculating compensation for lost future earnings. Other factors that go into determining compensation for this type of damage in California include:

  • Duration of incapacitation. Lost earning capacity is often an anticipated loss. You suffer this loss if you cannot work in the position you held before the accident. Truck accident victims often suffer severe injuries that may not recover completely. Some injuries will leave you permanently disabled and incapable of leading a normal life. The duration your injuries are Lilly to take to recover is critical in determining the value of your earning capacity.
  • When you are expected to return to work, while serious injuries keep you out of work for a substantial period, you can recover and go back to work. Therefore, if you are expected to return to work, the time you spend out of work is crucial in determining compensation.
  • Your age and life expectancy. Compensation for lost earning capacity aims at helping you recover from your inability to work caused by accident injuries. Your age and life expectancy are vital in calculating compensation. A younger person is likely to recover more compensation for lost future earnings than an older person suffering the same injuries.
  • Your health before the accident. When determining the compensation after a truck accident, the court will assess your health before the accident. This helps ensure that you recover compensation only for injuries resulting from the truck accident.
  • The strength of your evidence. If you have substantial proof to support your claim, you can recover more in compensation. 

Pain and Suffering Resulting from the Accident

Pain and suffering can be physical discomfort or emotional distress. Even when you do not suffer physical injuries, involvement in a truck accident could be emotionally distressful. The pain resulting from truck accident injuries can be too much to handle. Even though there is no specific formula to quantify pain and suffering, you can recover compensation by filing a lawsuit.

Injuries that leave you disfigured or disabled may cause mental anguish and disrupt your quality of life. The court determines compensation for pain and suffering based on the following factors:

  • Consistency in your testimony on the effects of the accident on your life
  • The credibility of the evidence you present is crucial. The court scrutinizes the proof you submit to determine correctness before recovering compensation. Since pain and suffering are not tangible, the court may rely on testimony from other people.
  • The severity of your physical injuries. When you suffer serious physical injuries, you may have to spend a lot of time in the hospital and undergo painful procedures. This could result in immense pain and suffering.

Wrongful Death

Losing a loved one can be very divesting, mainly when it results from another person's negligence. Death is a common occurrence in truck accidents. The death of your loved one can take a toll on you and your family both emotionally and financially. When you lose a loved one in a truck accident, it can be challenging to put a value on their life. However, California law allows you to receive compensation for losses resulting from the death of your loved one. The court can consider the following factors to determine compensation for wrongful death:

  1. Burial and funeral expenses. When you recover compensation for the loss of your loved one in a negligent truck accident, you will be compensated for the amount you used for burial and the funeral.
  2. Loss of financial support. The wrongful death of your loved one in a truck accident could take a toll on your finances. If you relied significantly on the deceased for financial aid, their death could be a real struggle. However, the court will factor in this factor when calculating compensation.
  3. The value of household services. If the person who provides household and childcare services dies, you may be required to pay for these services. Therefore, the role played by the deceased in your family is considered when determining compensation.
  4. Loss of consortium. Loss of consortium is the loss of intangible elements offered by the deceased such as love, companionship, and affection. However, only a spouse or a domestic partner of the deceased can recover compensation for this damage. Before you receive compensation for loss of consortium wrestling from wrongful death in a truck accident, you must produce a valid marriage certificate or registered domestic partnership between you and the deceased.

Calculating economic damages resulting from the death of your loved one can be difficult. However, the court considers the above factors to estimate the compensation you deserve.

Find a Personal Injury Attorney Near Me

Losing a loved one or being injured in a truck accident is hurtful. Injuries resulting from a truck accident are often severe and could be costly to treat. Also, the injuries may significantly affect your wellbeing and your ability to lead a normal life. Fortunately for you, you can chase and receive compensation for your injuries by filing a lawsuit against the at-fault parties.

At The Personal Injury Attorney Law Firm, we help clients involved in California truck accidents receive the compensation they deserve. Our competent attorneys will offer you the much-needed legal guidance to navigate your claim and recover the compensation you deserve. Contact us today at 619-625-8707 to discuss more details of your claim.