Truck accidents often result in serious injuries or even death for the drivers and passengers of much smaller motor vehicles. Truck accident victims may incur considerable medical expenses and be unable to work for some time following the accident. The vast majority of truck accident cases will not proceed to trial. Instead, most truck accident cases end in a mutually agreed upon settlement that avoids the time and expense of trial for both parties. The strength of your settlement will depend upon numerous factors, including your Miami truck accident attorney’s qualifications and zeal. Some truck accident plaintiffs decide to forego the use of an attorney and attempt to settle the case on their own. These plaintiffs will often accept settlements for less than they may otherwise have received.
Evaluating a truck accident settlement is not always easy. Often, in reaching a settlement, both parties will need to make compromises and may not receive or pay out exactly the sum they initially anticipated. There are several important considerations that can help you determine whether you are considering a fair settlement, including:
- Your chances of success at trial: One of the first things you should consider is your chance of winning at trial. The issue of liability is crucial to your potential success. If the truck driver or trucking company acted in a clearly negligent manner, your settlement value should not be reduced due to the risk of losing at trial as this risk is relatively slim. If, however, your truck accident case involves complex issues of liability and your chances of winning may be only 50 percent at trial, then you may wish to consider accepting a settlement for 50 percent less than you may have been awarded if successful at trial due to the sheer risks involved.
- Your losses: Any settlement offer must be considered in light of your damages sustained in the accident. Carefully calculate your full damages, including medical expenses, lost wages, pain and suffering, future medical expenses, future lost wages or disability, and other long term effects. Pain and suffering can be a difficult value to calculate and your attorney will be most helpful in assessing this intangible loss. Do not overlook the future costs your injuries may cause you, including follow up medical bills or necessary career changes due to permanent injuries.
- Your contributory liability: In evaluating any potential truck accident settlement, consider your own liability for the accident. If you played a role in the accident due to negligence, which could include speeding, failing to use turn signals, driving distracted, and the like, then you will need to factor this into settlement considerations. If, for instance, you were 30 percent at-fault for the accident, you should likely consider accepting a settlement for 70 percent of your damages as at trial your award would be reduced by your percentage of fault.
Greenberg Stone and Urbano: Over 130 Years of Collective Experience
Do not settle your claim for less than you may be entitled to. Before you accept a quick settlement, the Miami Truck Accident Attorneys at Greenberg Stone and Urbano We have of 130 collective years of experience representing truck accident victims in South Florida. We will review your case and ensure you receive the compensation you deserve. Our firm has received a coveted AV rating from Martindale Hubbell and the Miami Herald recognized us as a top firm in South Florida. Allow our exceptional attorneys to provide you with superior legal services in the South Florida area. Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule your initial consultation.