What is the Average Truck Accident Settlement in Florida?
Truck accidents are unfortunately common in Florida. Over the last 5 years, there were approximately 37,978 commercial vehicle accidents each year, according to statistics from the Florida Department of Highway Safety and Motor Vehicles. These are typically truck accidents involving 18-wheelers and other large commercial trucks. Thousands of individuals are injured each year in these kinds of accidents, and many of them file car insurance claims and personal injury lawsuits for their cases. If you were recently injured in a truck accident, you might be wondering what these cases are typically worth. Miami truck accident lawyer Prosper Shaked discusses how these settlements and damages are calculated in Florida.
How Much is My Truck Accident Case Worth in FL?
Florida truck accident cases vary in how much they are worth based on the specifics of each case. Statistics are not commonly available on settlements and insurance payouts, especially since people generally like to keep these values private. Even if they were readily available, finding out what the average is will not help you understand what your case is worth, since each case is so vastly different.
To understand what your case is worth, it is important to understand what damages you can claim after a car accident or truck accident injury.
First, you could be entitled to damages for medical expenses. These damages are paid to cover the medical bills you face because of the accident. Serious injuries could require ongoing care that lasts for years. These injuries may also require expensive equipment like wheelchairs and ADA compliant ramps for your home if you suffer spinal cord injury and paralysis.
You can typically claim the damages you faced during your emergency treatment and recovery on top of the ongoing and future damages you will also face. However, the full damages may only be available in a car accident lawsuit. Accepting a settlement from the trucking company or their insurance company may entitle you to only a fraction of the damages you could claim in court.
If you are too injured to go to work after an accident, you may miss work for a prolonged period while you recover. If your injuries were serious, they may interfere with your physical or mental ability to do your job, requiring you to retire entirely or take a lower paying job with reduced physical tasks. While you can’t work, you may have no income to pay for medical expenses and ongoing self-care.
You can claim these damages as part of a car accident lawsuit. If you earn less money going forward, you can also claim the value of your reduced earning capacity as damages. If you file your case through insurance or accept a settlement, you may once again receive limited payments or a percentage of your typical wages.
Pain and Suffering
These damages are paid to you directly to cover the physical pain you feel, the emotional distress you suffer from an accident, and the other effects you suffer because of your injuries. Things like damages for being unable to enjoy certain activities you used to do before the injury could also be included in these damages.
Typically, insurance payouts do not cover these damages at all and settlements with the at-fault parties might reduce these damages. To claim full damages, you may need to take your case to court.
Although these damages are rare, they are worth mentioning in the context of truck accident cases. There are dozens of regulations that require truck drivers and their trucking companies to follow certain rules for driver health and safety and vehicle equipment and maintenance. If truckers or trucking companies violate these rules in serious ways or repeatedly ignore the regulations, courts may award victims additional “punitive damages” to punish the at-fault party. These damages could be substantial.
Though these damages are rare in many cases, the trucking industry often sees problems with regulations that courts may enforce with punitive damages.
Suing for Truck Accident Injuries in Florida
If you were injured in a truck accident, you may be able to take the truck driver and their employer, the trucking company, to court. While Florida rules may require you to file with your insurance company for some accidents, many 18-wheeler accidents come with serious injuries that qualify you to take your case to court instead.
When you accept an insurance payout or settlement from the at-fault party, you may limit the damages you are entitled to. Taking your case to court could entitle you to full damages on your case. This is especially helpful if you are suing for the death of a loved one rather than your own injuries.
Call Our Miami Truck Accident Lawyer for a Free Legal Consultation
For help understanding the best way to get compensation on your case, contact Miami personal injury lawyer Prosper Shaked today. The Law Offices of Prosper Shaked represents victims and their families and fights at-fault truck drivers and trucking companies to get you the compensation you need. To schedule a free consultation on your case, call us at (305) 690-0244 today.