While theoretically there may be a mathematical average of all truck accident settlements, as a practical matter, each case is so unique that the concept of an average, as far as being helpful in any respect to better understand or evaluate a specific case is meaningless. Each collision involving a commercial vehicle in New York has its very own facts and circumstances, including cause, liability, injuries, related expenses, time away from work, and more. Even when accidents seem similar at first glance, there are likely a number of different factors, which can dramatically change the recoverable damages and the payout. As an example, imagine two passengers in the same car in the same accident. If both are injured, their damages can be dramatically different. Averaging their settlements does nothing to help either evaluate their own case.
This also makes it difficult to put an accurate estimate of value on a case without first completing an investigation that includes:
- Identifying the accident victim’s recoverable damages
- Gathering documentation of these damages
- Calculating likely future expenses and losses related to the accident
- Estimating the value of their intangible losses
- Determining a fair settlement range for the claim
Calculating a Value for Your Recoverable Losses in a New York Truck Accident Case
While there is no meaningful average settlement for a truck accident, your attorney will calculate an appropriate settlement value on your claim and communicate with you, patiently and comprehensively, about the details of the accident and harm you have suffered, before they take action to seek a payout on your behalf. Many accident victims try to do this on their own, but it is easy to leave out key losses and dramatically underestimate others.
When you work with a truck accident lawyer who handles commercial traffic accident cases regularly, they are more likely to spot common damages, as well as more unusual losses you sustained. The types of damages often available for victims after a truck accident could include:
- Medical transportation, assessment, treatment, hospitalization, rehabilitation, and related expenses
- Future related medical care costs
- Expenses paid out of pocket
- Lost wages or other income, as well as related benefits
- Reduced earning capacity
- Pain and suffering
- Additional intangible losses
If you have lost a loved one in a truck accident, we extend our sincere condolences to you. If your attorney is seeking compensation for you and your family following the death of your beloved family member in a New York truck accident, they should take a compassionate approach to bringing a wrongful death claim for you as a surviving family member, as permitted by New York Estates, Powers & Trusts (EPT) §5-4.1. They will work with you to understand your losses and how your loved one’s death has affected your family. They will fight to win the compensation you need and the justice your departed loved one deserves.
Not All Truck Accident Cases Settle Outside of Court
In some New York truck accident cases, the victim and the insurer representing the liable party cannot work out an agreement for a fair settlement. When this occurs, it might be necessary to file a case in the appropriate civil court.
There are several reasons why a case might need to go to court. This includes:
- You are running out of time to file under New York Civil Practice Laws & Rules (CVP) §214.
- The insurance company denies the claim.
- The liable party blames the victim for contributory negligence, sharing part of the accident fault.
- The insurance company refuses a just settlement based on the evidence presented to them during the claims process.
Friedman & Simon, L.L.P. Represents Truck Accident Victims in New York City
When Friedman & Simon, L.L.P. pursues a payout for our client, we focus on providing the legal services and representation they need. We do the following for every client:
- Keep them updated as their case progresses
- Identify the liable party or parties
- Communicate on behalf of our client with all relevant parties
- Gather evidence to prove the case to the insurer or judge and jury
- Determine a fair settlement value for the case
- Fight relentlessly to win the best possible outcome
Not only do we investigate every accident case we work on, but when necessary we also call in experts to help us better understand the accident, our client’s damages, and the true value of their claim. This includes:
- Accident reconstruction specialists
- Medical experts
- Lifecare planners
- Vocational rehabilitation specialists
Speak with a Friedman & Simon, L.L.P. Team Member About Your Accident Today
If you were a victim of a truck accident, a member of the Friedman & Simon, L.L.P. team wants to discuss your collision and injuries with you today for free. We meet potential clients on Long Island and around the New York metropolitan area. Our multilingual staff will speak about your case with you in Spanish, Greek, Bengali, Tamil, or Kannada, as needed.
We put a tremendous amount of work effort into uncovering all available, relevant evidence and building the strongest arguments for our clients. We work with every piece of case-specific information available rather than waste time with notions of average settlements.
Reach out to us today for a complimentary case evaluation and to learn more about our services. We dedicate our time to advocating for victims of negligence and accept truck accident cases based on contingency fees.
You can contact a Friedman & Simon, L.L.P. team member now by calling (516) 932-0400.