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The amount you could get paid after being hit by an 18-wheeler depends on several factors. It includes the severity of your injuries, who was at fault, how much insurance the truck driver and company have, and your medical bills and other expenses. It also depends on whether you lost wages because you couldn’t work and how the accident has affected your life overall.
If you or a loved one has been injured in a truck accident, an Edwardsville truck accident attorney will help you navigate the process and fight for the compensation you deserve.
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When figuring out how much you might get paid if an 18-wheeler hits you in Edwardsville, IL, depends on various factors, such as:
Each of these can significantly impact the settlement amount in your case. Let’s examine some of these factors more closely.
The severity of your injuries is a major factor in determining your settlement amount. Serious injuries such as spinal cord damage, traumatic brain injuries, or broken bones tend to lead to higher payments because of the extensive medical treatment, rehabilitation, and potential lifelong impacts involved. Injuries that limit your ability to work or perform daily activities can increase compensation, as they affect both your physical and financial well-being.
Determining fault is critical in any 18-wheeler accident case, as it directly influences liability. Illinois follows a modified comparative negligence rule (735 ILCS 5/2-1116), which means your payment could be reduced if you are partially responsible. However, if the truck driver or trucking company was primarily responsible due to negligence, such as failing to comply with safety regulations, your chances of a higher payout increase. Fault is typically established through evidence like police reports, witness statements, and accident reconstructions.
Severe injuries that require surgery, physical therapy, or prolonged medical care typically lead to larger settlements. For example, a spinal injury causing partial paralysis will likely result in a higher compensation amount compared to minor whiplash, as the impact on quality of life and future earning potential is much greater. According to a study on trauma recovery, serious injuries can have long-term health and economic effects, underscoring the importance of fair compensation for lasting consequences.
The insurance policy limits of the truck driver and trucking company also affect your potential compensation. Commercial trucking companies are generally required to carry higher insurance coverage than private individuals. This means more money is usually available to cover damages in 18-wheeler accident cases. Nonetheless, trucking companies and their insurers often have aggressive legal teams to minimize payouts. Working with an attorney guarantees that you’re not pressured into settling for less than you deserve.
Establishing liability is essential in semi-truck accidents because multiple parties could be responsible. In some cases, the truck driver, trucking company, vehicle manufacturer, or even a third-party maintenance provider may share responsibility. For instance, if the trucking company failed to enforce federal hours-of-service regulations, they could be held liable for driver fatigue. An experienced attorney can help identify all responsible parties and maximize your claim by thoroughly investigating the accident.
The cost of surgeries, hospital stays, medications, and physical therapy can add up quickly after a truck accident. Be sure to document all medical expenses, as these are typically reimbursable in a personal injury claim. Additionally, costs for assistive devices, travel to medical appointments, and any necessary home modifications can be included in your claim, helping you recover the full scope of your expenses.
Lost wages are a crucial component of an 18-wheeler accident settlement, particularly if you were out of work for an extended period. If your injuries prevent you from returning to your job temporarily or permanently, you may be entitled to remuneration for both current lost wages and future lost earning capacity. This includes income from missed workdays, as well as potential career setbacks if you are unable to perform the same role you held before the accident.
Intangible impacts, such as pain and suffering, emotional distress, and loss of enjoyment of life, can also factor into your compensation, as these are generally referred to as non-economic damages and compensate you for the mental and emotional toll of the accident. For example, if you can no longer participate in hobbies or physical activities you once enjoyed, this can be accounted for in your claim. Calculating non-economic damages can be complex, so working with a skilled attorney is advisable to ensure a fair payment for these losses.
One of the biggest things that affects how much money you might get is how badly you were hurt. Accidents with 18-wheelers can cause serious injuries because these trucks are so big and heavy. If you had minor injuries that healed quickly, you might get less money than if you had very serious injuries that need long-term care.
Some examples of serious injuries that could lead to higher payments include:
Your settlement should cover future medical care you might need because of the accident.
Another big factor in how much you might get paid is who was at fault for the accident. This is called liability. In some cases, it’s clear that the truck driver was at fault. But sometimes, it’s not so simple.
There could be many reasons for the accident:
If the truck driver or company was completely at fault, you might get more money. But if you were partly at fault too, you might get less.
The amount of insurance the trucking company and driver have also affected how much you might get paid. Trucking companies usually have more insurance than regular car drivers because their trucks can cause more damage.
If the trucking company has a lot of insurance, there might be more money available to pay for your injuries and other losses. But if they don’t have much insurance, it could limit how much you can get.
Getting fair payment after an 18-wheeler accident can be tricky. That’s why it’s a good idea to get help from lawyers with extensive knowledge of these kinds of accidents.
Our Walton Telken Bragee truck accident lawyers can do several things to help you get the most money possible for your case.
Our lawyers will help by:
All of this information can help show who was at fault and how badly you were injured. This can help you get more money in your settlement.
Dealing with insurance companies can be difficult as they often try to pay you as little as possible. Our truck accident lawyers will:
If you’ve been hit by an 18-wheeler, you’re probably going through a tough time. You might be hurting, worried about money, and unsure about what to do next.
You don’t have to go through this alone.
Getting help from lawyers who know about truck accidents can make a big difference. Our Walton Telken Bragee truck accident lawyers in Edwardsville, IL, will help you understand your rights and figure out how much money you should ask for. Call us at 618-272-2285 or contact us online for a free case evaluation today.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Troy E. Walton, who has more than 20 years of legal experience as a personal injury attorney.
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