What Is the Average Settlement for an 18-Wheeler Accident in North Carolina?

What Is the Average Settlement for an 18-Wheeler Accident in North Carolina?
May 05 2024

Truck accidents are an unfortunate reality facing many drivers on the roadways. They can often lead to devastating and even fatal injuries. When the injured party holds no fault for the accident, they can file a compensation claim in civil or insurance court. It may be difficult to determine the average settlement for an 18-wheeler accident in North Carolina, but an experienced personal injury lawyer can inform you of what your case might be worth.

Every commercial trucking accident is different and comes with its own set of complexities and details. The amount of compensation available to you will ultimately rely on the damages sustained by both the injured party and their property. It is important to understand what damages you may be able to recover and how a North Carolina truck accident attorney can assist you in seeking a positive outcome for your claim.

Damages Available in a North Carolina 18-Wheeler Accident Claim

When determining the monetary value assigned to your 18-wheeler accident claim, there are two main types of damages that can come into play. The first is known as “economic damages.” These can include any of the following:

  • Any Past or Current Related Medical Bills: These can include any surgeries, emergency care, transportation to the hospital, doctor’s visits, hospital stays, medications, mobility aid, medical devices, or other costs related directly to the accident.
  • Future Medical Bills: If your injuries require long-term and ongoing care, such as at-home services, physical therapy, or other forms of rehabilitation, these costs may be reasonably anticipated and factored into your settlement.
  • Property Damages: These can include any physical damage done to your vehicle or the items inside your vehicle that occurred during the accident.
  • Lost Income: If you are injured to the point where you are not able to work and perform your job, you may try to recover the wages you would have received.
  • Lost Capacity for Earning: In the unfortunate case that you are left disabled and cannot return to work, you may be able to seek compensation for any future earnings you will not receive.

Non-Economic Damages

The second type of damages that you may receive after a truck accident is known as “non-economic damages.” These are damages that do not have a specific monetary value. They can include any of the following:

  • Disability
  • Scarring
  • Physical pain and suffering
  • Disfigurement
  • Loss of quality or enjoyment of life
  • Emotional trauma
  • Mental anguish
  • Consortium loss

Additionally, you may be able to seek punitive damages in North Carolina if the actions of the at-fault party are considered malicious or highly negligent by the courts.

Factors Impacting an 18-Wheeler Settlement

When determining the amount of compensation that can reasonably be sought after in a truck accident claim, a few key elements must be taken into consideration.

  • Liability: It is vital to establish the party or parties at fault for the accident. North Carolina, however, operates under a contributory negligence law, meaning that if the victim is found even partially at fault, they may be unable to receive compensation.
  • Injury Severity: The more serious the injuries sustained, the more likely that medical bills, loss of income, and pain and suffering will be extensive, meaning a higher settlement amount.
  • Coverage of Insurance: The insurance coverage limits of the truck driver and their company can impact the size of the settlement.
  • Legal Counsel or Representation: Hiring a skilled and experienced personal injury lawyer who focuses on these kinds of cases can have a positive influence on the outcome.

Legal Help May Be Essential

It is the unfortunate truth that a truck driver’s insurance company, or that of their employer, will not have your interests in mind and will try to pay the lowest amount possible in your settlement. It is also important to remember that North Carolina has a three-year statute of limitations on all personal injury cases, which begins on the date of the injury.

Both of these reasons demonstrate just how crucial it is to retain a lawyer who can help determine the value of an ideal settlement and fight for the compensation you deserve.

FAQs

Q: What Evidence Is Crucial to Gather for an 18-Wheeler Accident Claim?

A: After suffering an 18-wheeler accident, there are several steps to take to strengthen your claim, including gathering evidence. At the scene of the accident, be sure to collect evidence. First, if you are physically able, take photos and videos of your vehicle and the damage done to it. Take photos and videos of the truck as well, along with the positioning of the vehicles, the road conditions, and all injuries sustained by yourself or other passengers in your car.

Q: What’s the Most a Lawyer Can Take From a Truck Accident Settlement?

A: The most a lawyer may take from a truck accident settlement can vary based on the lawyer and the details of the case. Most personal injury lawyers operate under a contingency fee. This fee is a fixed percentage a lawyer can take from the awarded compensation if they win the settlement for their client. This process allows you to retain a lawyer without having to worry about where you’ll get the money to pay them.

Q: Do You Have to Pay Taxes on Truck Accident Settlements?

A: You usually do not have to pay taxes on personal injury compensation, including truck accident settlements. However, certain parts of your settlement may be taxable. Punitive damages, which are awarded when the defendant is particularly egregious, are rare. However, they are taxable if they’re included in your compensation. Interest is also taxed like regular income.

Q: How Do Lawyers Negotiate Truck Accident Settlements?

A: Lawyers commonly negotiate a settlement using factors like liability, the total damages sustained, medical bills and other expenses, policy limitations, and direct communication with the involved insurance companies. It is imperative that your lawyer keeps you informed and up-to-date on all communications and negotiations happening in regard to your settlement.

Contact an Experienced North Carolina 18-Wheeler Accident Attorney Today

If you or someone you love has suffered due to a North Carolina 18-wheeler accident, it is time to seek your rightful compensation. Thankfully, you don’t have to navigate these legal matters alone. The Law Offices of Wade E. Byrd P.A. is here to evaluate your case, explain your options, and help determine the value of compensation you should be seeking.

Contact our offices today. Time is of the essence, and acting quickly can prove critical to the success of your claim. Let us advocate for you and seek the justice you are due.

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