Potential Value of a Harrison Truck Accident Case
If you’ve been in a truck accident in Harrison, it goes without saying that the experience is often a tough one. These accidents can be huge events that can change your life in an instant. Injuries from these collisions can be serious, leaving victims to deal with recovery that may take months or even years.
It’s important for you to know the potential worth of your case so you understand what compensation should look like. An experienced Harrison truck accident attorney can help you understand what your case may be worth, either via a settlement or a lawsuit. While there’s no one-size-fits-all calculation for the value of your claim, below are some of the most common factors that influence the value of all motor vehicle accident cases:
Insurance Limits
When it comes to truck accident claims, the driver’s and the trucking company’s insurance policies play a big role. Each policy has a maximum payout limit. If your damages exceed this amount, you might not be fully covered by just the policy. It helps to look into whether additional coverage can help make up for damages that go beyond these limits – like underinsured motorist coverage.
Eligibility to File a Lawsuit versus an Insurance Claim
You need to know if you are eligible only for filing an insurance claim or also filing a lawsuit against responsible parties, as each has different potential outcomes and value implications for your case. In New Jersey, you are only eligible to file a lawsuit in certain circumstances. These include:
- Death
- Dismemberment (loss of arms, legs, fingers, or toes)
- Significant disfigurement or significant scarring
- Displaced fracture (broken bone)
- Loss of a fetus (unborn child)
- Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
Unless you meet one of these requirements, you will not be eligible to file a lawsuit. If you are able to file a lawsuit, it could increase the amount of compensation you recover.
Severity of Injuries and Medical Expenses
Arguably one of the most influential factors is how severe your injuries are along with associated medical costs – current and future. The more severe your injuries, the higher your medical expenses usually are. This means you should be entitled to more compensation.
Both Parties’ Willingness to Negotiate
A truck accident case’s value can be significantly affected by how much each party is willing to come to the table and negotiate. Some cases settle quickly because both sides find a middle ground that’s acceptable, avoiding the need for trial which saves time and legal costs. However, if one side is less cooperative or disputes elements of the claim like liability or extent of injuries, this could prolong negotiations and could make it difficult for you to get what you’re truly entitled to.
Skill of Your Attorney
Don’t underestimate how much your attorney’s experience can influence your compensation. A knowledgeable Harrison personal injury lawyer will have insights into local laws affecting truck accidents, understand strategies for dealing with insurance companies effectively, and know how to prove negligence in court if needed rather than relying solely on insurance payouts.
Your Level of Fault
Your part in the accident – whether small or large – will directly impact the potential value of your claim. New Jersey’s modified comparative negligence rule means if you’re found to be 50% responsible or less for what happened, you can still receive compensation. However, it will be reduced by an amount equal to your share of fault.
Contributory negligence shall not bar recovery in an action by any person or his legal representative to recover damages for negligence resulting in death or injury to person or property, if such negligence was not greater than the negligence of the person against whom recovery is sought or was not greater than the combined negligence of the persons against whom recovery is sought. Any damages sustained shall be diminished by the percentage sustained of negligence attributable to the person recovering.
For example, if you’re attributed with 30% fault for not signaling properly, your damages will be reduced by 30% of the total award.
If you’re involved in a truck accident case in Harrison and need help determining how to obtain compensation, contact us today to schedule a free consultation.