Charles E. Boyk Law Offices, LLC
After a truck accident, victims have two years to file a lawsuit. They can settle the case after the lawsuit is filed or potentially go to trial and have a jury determine what their damages are. In some cases, Bowling Green truck accident settlements can be fair arrangements that allow victims to avoid the hassle of of a trial.
If you were injured in a truck accident, you may be wondering how to pay for your medical expenses and lost wages. Thankfully, a skilled attorney could help you recover the compensation you need. Call today to discuss your situation.
When going to an initial consultation with a Bowling Green accident lawyer, a person should bring the declarations page of their auto insurance policy, if they have it. Any photos they have of property damages, bruises, or scars are also helpful. They should also bring the police report, the name of the other driver, and the date and the time of the accident, and who investigated the accident.
Typically, the decision about whether to settle or go to trial is made by the client with information and advice from the attorney. The attorney and client look at the value of the case and compare it to settlement offers. Normally, there is a range of values based on the medical bills, the lost wages, what the doctor’s reports say, and the jurisdiction of the case. They also consider the cost of going to trial. Does it make economic and practical sense to try the case rather than settle?
Someone might want to settle rather than to go to trial because a settlement is a sure thing. It allows victims to know how much money they are going to get and when they are going to get it. If they go to trial, there is a risk. There is the possibility that at trial, the jury will award less than the settlement offer. Even if they do substantially better, oftentimes the insurance company is going to appeal the case, so it may take time for them to get their award. The injured person should take into account that any money from a settlement is tax-free.
Someone might refuse to make a settlement offer and instead go to trial if the offer is ridiculously low. Victims may also choose to go to trial if they have overvalued their case or they simply want their day in court.
To calculate the settlement value, the attorneys would look at several factors. They are going to look at the economic damages, which would be the medical bills, past and future loss of wages, and economical loss. They would also consider the non-economic damages, which would be pain and suffering, inconvenience, permanent injury, the effect on their everyday life, and the loss of consortium. They are going to look at the jurisdiction, the judge, and how much money there is in insurance coverage.
Both attorneys make arguments to the jury, and the jury actually comes up with a specific dollar number. If there was contributory negligence, meaning the victim was somewhat responsible for their own injuries, the value could be reduced. For example, if the value of the case was $100,000 but the jury finds the plaintiff 30% at fault, they would subtract 30% of the $100,000 and the verdict would be reduced to $70,000.
Bowling Green attorneys often have many years of experience handling truck accident cases. They are familiar with the investigation of a case, the trial, the value of that type of case, the specific defense attorneys, and their background. They also can look at past jury verdicts and do focus groups of mock jurors to help determine the value of the case.
If you have questions about Bowling Green truck accident settlements or need help with your case, do not hesitate to contact an experienced personal injury attorney. A lawyer could help determine the value of your case and fight for fair compensation.