Protecting Your Rights in a Truck Accident Settlement
When you’ve been hurt in an accident caused by a big rig, try not to be tempted to accept a quick payout.
Taking the first offer from the truck driver’s side often means you’re not getting all the compensation you deserve to cover your medical expenses, pain and suffering, and the accident’s toll on your life and livelihood.
A settlement is an agreement between you as the injured party and the trucking company and their insurance carrier. They offer a specific sum of money, and you agree not to take them to court in the future.
The problem with a quick settlement, however, is that it doesn’t give you enough time to fully understand how the accident has impacted your life and will impact your life going forward.
Once you settle:
- You won’t be able to pursue more compensation for medical expenses. It’s smart to wait until you’re recovered to the point that you know what ongoing care you might need before agreeing to a settlement.
- You won’t recoup additional lost wages if your injuries are long-lasting, you continue to miss work, or you have to miss work again in the future.
- After a settlement, you may not have a second chance to seek more compensation for any complications in your health, finances and life that arise out of the original crash.
Your truck accident injuries must be fully investigated, and their impact on your life fully assessed, to make sure any settlement terms are fair for you—and protect you permanently. Some kinds of damage to your health from a traumatic accident can take time to appear.
The Charleston personal injury attorneys at Shaffer & Shaffer help you figure this out. We can start with a free conversation. In fact, you don’t pay any attorney fees until you win payment.
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How Long Does It Take to Negotiate a Truck Accident Settlement?
A truck accident is sudden. Negotiating a settlement is not. It takes patience to ensure all the factors are properly considered.
West Virginia law gives you two years after the date of your accident to file a claim with the at-fault party and their insurance. As you make that decision, you should consider the following factors:
- Determining fault. To bring any claim, the truck company or the driver—or both—must be found to bear more fault for causing the accident than you. West Virginia is a comparative negligence state, meaning if you’re found partially at fault, your compensation will be reduced.
- Vicarious liability. West Virginia law allows trucking companies to be held liable for the negligence of their drivers if they are on the job when the accident occurs. So it may not just be the driver, but their employer, who you pursue for injury compensation.
- Full assessment of medical costs. Your recovery may be long, and you should know how much the healing process will cost in money, time, limits on your ability to work, and disruption to your life going forward, including any potential treatment you’ll need in the future.
- Full assessment of lost income. You’ll need to fully understand the wages you lost while injured and whether your injuries will prevent you from earning more than you would if the accident hadn’t happened.
Non-economic damages. You deserve compensation for pain and suffering, emotional distress, and the impact on your quality of life, which are complicated to measure
You don’t have to make all these tough decisions on your own.
The experienced personal injury attorneys at Shaffer & Shaffer will explore every angle before you consider accepting a settlement and locking in the compensation you’ll receive after a truck accident.
When you’re wrestling with the results of a truck accident and your financial stability is on the line, you deserve a lawyer who doesn’t just treat your case like a job but makes it their mission to get you in the best position possible to move on.
At Shaffer & Shaffer, you are our top priority.
Shaffer & You: Why Work with Us?
Everyday West Virginians can get legal help from one of the most established and respected law firms in the state: Shaffer & Shaffer. Our firm is over a century old and still going strong because we put the needs of our clients first—always.
West Virginia lawyers Ryan Walters and Chip Shaffer in the office at Shaffer & Shaffer.
Have a Question about Personal Injury Claims?
After a life-altering accident, you’re understandably upset, confused and full of questions. To help you get a sense of what’s next, we’ve prepared answers to common questions about personal injury claims and other legal cases.
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