If you were injured in a truck accident caused by a truck driver, both the driver and the trucking company he works for may be responsible for compensating you for your injuries under Virginia law. The insurance carrier for the trucking company may contact you soon after the collision as part of their investigation of your claim and may even make a settlement offer. Here is how to know if they are offering you a settlement that fully compensates you for your injuries.
Why You Should Not Accept the First Offer
If the insurance company makes a quick settlement offer, you should most likely not accept it. They are probably trying to settle your claim quickly for less than you deserve in an effort to save money.
In addition, you cannot know the true amount you are owed right after the truck accident. You need to wait until you reach your maximum medical recovery to settle your claim. This is the stage in your medical treatment where you have fully recovered or recovered as much as you will and know what your future medical expenses and wage losses will be. Why is this important? You must know the amount of all your future losses so that they are included in your settlement.
How to Determine the Value of Your Claim
You should never accept a settlement without the assistance of an experienced truck accident lawyer. He will conduct a thorough investigation into the cause of your collision and the seriousness of your injuries. Factors that he will use to determine how much your claim is worth include:
- Compensation. You are entitled to receive your past and future medical expenses, lost wages, pain and suffering, property damage, and out-of-pocket expenses in your settlement. Once you reach your maximum medical recovery, your attorney will be able to accurately value your claim.
- Liability. If the trucker’s and trucking company’s negligence in causing your accident is clear cut, this will increase the value of your claim and the amount that should be paid to you in your settlement.
- Your negligence. Virginia follows a harsh contributory negligence law that bars you from receiving any compensation if you were at all at fault in causing your crash. If there are legitimate disputes about your partial fault, this could weaken your claim and you may have to accept less money from the insurance company.
- Seriousness of your injuries. If you suffered more serious injuries, this will increase the cost of your medical treatment and the amount of time you will have to be off work—and the amount of damages you should receive.
Were you or a family member injured in a truck accident in Norfolk? Our dedicated legal team can help you value your claim and ensure that you receive the maximum recovery you deserve from the insurance company. Fill out our convenient online form to schedule your free case evaluation today.