How Much Is Your Truck Accident Settlement Worth?

Cars, motorcycle riders, bicycle riders, and pedestrians are simply no match for the size and weight of a truck. Collisions with semis, tractor-trailers, rigs, and other commercial trucks are likely to cause catastrophic injuries, severe injuries,  and deaths. There’s no precise formula. Each traffic accident is different. At McGowan, Hood, Felder & Phillips, LLC, we work to maximize your settlement or verdict. Our truck accident lawyers work with you, your doctors, your employers, and others to obtain the strongest recovery possible.

The insurance factors that determine how much you will get paid

Generally, anyone with a personal injury claim or a wrongful death claim is paid through the defendants’ insurance carriers. In South Carolina truck accident cases, the defendants often include the truck driver, the driver’s employer, and the trucking companies involved in the shipment. Each defendant has their own insurance coverage. We have the right to know the insurance policy limits of each carrier.  We normally seek to obtain the value of your claim up to the combined policy limits.

If the combined coverage is not enough to cover your full claim, then you may have the right to receive compensation through your own uninsured/underinsured (UM/UIM) carrier.

The Federal Motor Carrier Safety Administration (FMCSA) requires that commercial truck owners carry minimum liability insurance coverage for anyone who is hurt in a truck accident or for the family of anyone who is killed in a truck accident. The current minimum liability insurance amount for each accident is $750.000. The insurance coverage may be higher. Trucking insurance minimums can affect your semi, tractor-trailer, or 18-wheeler accident claim because they may not provide enough coverage.

For clients with catastrophic injuries, a payment of $750,000 is usually not enough. That’s why we often seek to hold multiple defendants liable so that each may be required to contribute to your settlement.

Our lawyers usually prepare formal demand letters after we’ve investigated your accident and reviewed your injuries. In the demand letter, we itemize your damages and make an overall settlement claim. We then negotiate with the insurance companies to try to reach a settlement. The minimum truck settlement is the minimum amount you will accept to resolve your lawsuit. We’ll advise you what we think your claim is worth. How much you’ll accept is up to you.

The amount of your semi-truck accident settlement, 18-wheeler accident settlement, or any type of truck accident settlement – or court award – depends on the following factors:

The type and severity of your injuries

We work with your doctors to confirm your diagnosis. Truck accident injuries may include traumatic brain injuries, spinal cord damage, burn injuries, traumatic amputation, broken bones, nerve damage, organ damage, and many other severe injuries. Some injuries may require around-the-clock care. Some injuries may require a lifetime of doctor visits and rehabilitative therapy. Some injuries may heal with proper treatment and time.

The medical care you will need

You’re entitled to demand payment for all your medical bills from the moment of the accident for as long as you need medical care and have any pain and suffering. We demand compensation for all your current and future medical expenses, including:

• Emergency medical care, including EMT care, EMT transport, and ER care
• Any surgeries, including hospital surgeries and surgeries at ambulatory surgery centers
• All doctor visits with specialists and your family doctor
• All rehabilitative care, including physical therapy, occupational therapy, vocational therapy, speech therapy, and other rehab care
• Any psychological treatments such as for coping with scarring and disfigurement or post-traumatic stress disorder (PTSD)
• Any medical devices such as prosthetics, walkers, and canes
• Any assistive technology
• All your medications

We demand compensation for all your reasonable expenses, including likely complications.

Your financial damages

We demand compensation for your income losses and loss of benefits for as long as you can’t work.

We work with your employers and your doctors to verify what job you do and why your injuries prevent you from doing that job. We detail your wages, salary, and other benefits and demand compensation for every day you can’t do your job. If you’re self-employed, we work with financial experts who can confirm your income loss.

If your car, truck, or other vehicle is damaged, we demand compensation for the cost of repairing your car. If the cost to fix your car is substantially high, we demand the cost to replace your vehicle.

Your pain and suffering

Everyone who is injured in a South Carolina truck accident has the right to compensation for their daily pain and suffering. Our truck accident lawyers demand compensation for every pain, itch, moment of discomfort, and inability to do something you normally could. We demand compensation because you can’t perform daily tasks and enjoy your loved ones.  Your pain and suffering claim also includes every moment of stress, anxiety, or depression.

Additional parts of your settlement claim

At McGowan, Hood, Felder & Phillips, LLC, we also demand damages for the loss of any bodily function, if you have any scarring or disfigurement, your inability to enjoy life’s pleasures, and the loss of consortium (the inability of you and your spouse to enjoy marital relations).

If the conduct of the defendant(s) was unconscionable, we seek punitive damages.

Wrongful death damages

If your family member tragically dies in a truck accident, we seek compensation for the following:

• Funeral and burial expenses
• The loss of income support from your loved one
• The loss of guidance, love, and comfort your loved one would have provided
• The pain and suffering of the family members

Our South Carolina truck accident attorney can help you receive a fair settlement. At McGowan, Hood, Felder & Phillips, LLC, our personal injury lawyers have been fighting for truck accident victims for more than 20 years. We have the experience and working relationships to verify all your damages. Many truck accident cases settle without the need to go to trial. Call us or complete our contact form to schedule a free consultation.