If you got hurt in a collision involving a truck, you might be wondering what the average truck accident settlement amount is. Every motor vehicle collision claim is different, and the details of many settlements do not become public record. So, there is no accurate way to calculate the average amount.
The amount of compensation you might be able to pursue for your injuries and losses will depend on the unique facts of your case. For example, a person who suffers catastrophic wounds that leave him unable to perform basic work or independent living functions will likely receive a substantial settlement. An individual with minor injuries that heal quickly and completely would likely collect less.
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What are Economic and Non-Economic Damages?
The two primary categories of losses a person can go after in a personal injury case like a truck crash are economic and non-economic damages. Economic losses usually involve out-of-pocket expenses like medical bills and lost wages. Non-economic losses do not tend to have direct financial impacts. So, they are not as easy to measure in dollars.
Let’s say that you broke your leg in a truck collision and needed orthopedic surgery to implant stabilizing metal pins and rods in your leg. The economic losses would include things like your lost wages and the bills for the surgeon and hospital. One of your non-economic damages would be the pain and suffering you endured. Your prescription pain medicine, however, is one of your economic losses.
What Kinds of Economic Losses Can be a Part of a Truck Collision Settlement?
Every situation is unique, so you might not experience all of these losses. Here are some of the more common economic damages, also called financial damages:
Whether you get paid hourly wages or a salary, you might be able to seek recovery of income you did not get paid when you could not work because of your wounds. People who are self-employed or receive some other types of regular income might be able to add their lost income to their claim as well.
Diminished Future Earnings
If your injuries prevent you from making as much money as before, you might have a claim for decreased earning capacity. People with chronic weakness or pain might not be able to work the long hours they did before getting hurt.
You might have to change to a lower-paying position after developing a loss of function as an ongoing impairment from your wounds. Either type of diminished future earnings can create a financial hardship that could be compensable.
Past Medical Bills
This category encompasses all of the reasonable costs incurred to treat your wounds. Immediately after the crash, you might have needed an ambulance to take you to the emergency room. The doctors and hospital will charge for their services, including imaging studies like x-rays and lab tests.
Your medical expenses do not necessarily end when you get discharged from the hospital. You might have follow-up doctor visits, physical therapy, additional procedures, and pain management.
Future Medical Expenses
Your doctor might anticipate that you will need additional medical intervention in the future. For example, suppose you needed metal hardware surgically implanted to provide support for a shattered bone. In that case, you might need a second surgery in the future to remove some of those items. A person with extensive burns might need a series of skin graft operations over time.
You might have some additional economic damages, depending on the facts of your collision and injuries. You can discuss those with your truck crash lawyer.
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What are Some Non-Economic Losses a Person Might Have After a Truck Crash?
These losses, also called intangible damages, will vary from one person to the next, even among people who got hurt in the same collision. Some types of non-economic losses include:
- Pain and suffering damages for the physical discomfort and psychological distress you experienced
- Disfigurement damages if you have significant visible scars from your wounds
- Loss of enjoyment of life damages if your injuries leave you unable to do things you used to enjoy, like going for a walk or holding your child
These are but a few examples of the intangible losses that you might be able to include in your truck collision injury claim.
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What Happens to My Injury Claim if I Miss the Filing Deadline?
Every state limits the amount of time you have to file a lawsuit seeking monetary compensation from the party who hurt you. The New York statute of limitations for a personal injury case like a truck collision is generally three years, according to CPLR § 214.
If your close relative died from injuries suffered in a truck crash, EPTL § 5-4.1 usually gives you only two years to file a wrongful death lawsuit.
New York law might give you even less time to file a personal injury or wrongful death lawsuit, depending on the circumstances. Call us to figure out what time period applies to your case.
Our Team is Ready to Help with Your Truck Accident Case
At Rosenberg & Gluck, L.L.P., we help people who get hurt because of the negligence of others. We are happy to assist clients in Spanish. You can call us today at (631) 994-1910 for a free initial consultation.
There is no obligation. We can’t tell you what an average truck accident settlement amounts to, but we can evaluate your specific damages. Unfortunately, truck accidents are common. However, this doesn’t mean you need to accept the other party’s negligence.