You could suffer devasting injuries if a negligent truck driver in Northern Virginia hits your car. If you were hurt in a truck crash and file a personal injury claim, you may wonder about the potential value of your claim.
Determining the exact amount you can recover in a truck accident is challenging, and it depends on many factors specific to your case. However, an experienced Fairfax personal injury lawyer can provide you with a realistic estimation of what your claim is worth.
Damages You May Recover in a Fairfax Truck Accident Case
A skilled injury accident attorney will value your claim by first determining the compensation you could recover in a settlement with the insurance company. In a Virginia truck accident case, you can recover your past and future damages.
Possible Types of Compensable Damages in a Truck Crash
- Medical expenses. You can seek compensation for all medical treatment necessary for your recovery. Medical costs you can recover include hospital bills, surgeries, doctor bills, diagnostic tests, medications, rehabilitation, and mental health counseling.
- Lost wages. If your injuries caused you to take time off work, you may be entitled to compensation for the wages you lost while you were recovering. This can include weekly pay, lost vacation and sick time, bonuses, and benefits. If you must make a career change with a pay cut or you become permanently disabled, you may be able to recover for your lost earning capacity.
- Pain and suffering. Truck accidents often result in physical and emotional pain, mental distress, and a reduced quality of life. Your claim should compensate you for these non-economic damages.
- Property damages. If your automobile or other personal property was damaged in the accident, you can seek reimbursement for the repairs or replacement costs. Property can include a cellphone, laptop, child safety seat, and a pet that may have been injured or killed in the accident. Clothing, jewelry, and sunglasses should also be considered in the personal injury claim.
Factors That Affect the Value of a Fairfax Truck Crash Claim
Several factors can make a truck accident case stronger or weaker and can impact the value of a truck accident claim. Here are common factors that may affect how much you can recover in your settlement.
Liability
Establishing fault for the crash is a critical component in any personal injury claim. However, it’s especially true in Virginia. If you have solid evidence that the truck driver and trucking company’s negligence caused the crash, your claim’s value will be higher, and you may obtain a larger settlement from their insurance company.
However, if you share some degree of fault, even if it’s only one percent blame for the crash, you will be unable to recover compensation because Virginia follows a contributory negligence law. This rule says that you must not have contributed to the accident in any way to recover for your damages.
Severity of Your Injuries
The extent and seriousness of your injuries are significant factors in determining the value of your claim. If you suffered severe injuries that require extensive, long-term medical treatments or result in your permanent disability, this would significantly increase how much your case is worth.
Disputes With the Insurance Company
Insurance companies often attempt to minimize payouts by disputing liability, downplaying injuries, or undervaluing claims. A knowledgeable personal injury lawyer will have strategies to combat these unfair tactics and help ensure you receive the compensation you deserve.
It’s important that you don’t give the insurance company ammunition to dispute, deny, or delay your claim. Avoid making mistakes such as providing a recorded statement, signing a medical release giving access to all your medical records, or making damaging statements about the collision on social media sites.
Insurance Coverage
How much insurance coverage there is to compensate you can directly impact how much your claim is worth. If the at-fault parties have limited insurance coverage, it may affect the maximum amount you can recover.