Irons & Irons P.A. Blog

Maximizing Your Compensation: Tips for Semi-Truck Accident Claim

Written by Gib Irons | September 10, 2024 at 4:30 PM

When involved in a semi-truck accident, the consequences can be devastating. These massive vehicles can cause significant damage, and the aftermath often leaves victims overwhelmed by physical injuries, emotional trauma, and financial strain. With approximately 130,000 people injured in truck accidents every year in the United States, the physical and emotional toll is enormous. If you or a loved one has experienced such an incident, understanding how to maximize your compensation is crucial. This guide will provide you with essential tips for navigating semi-truck accident claims to ensure you receive the compensation you deserve.

Fighting for a Fair Recovery After a Truck Accident

If you were injured in a North Carolina semi-truck accident that was not your fault, you could be entitled to significant compensation through an insurance claim or personal injury lawsuit. Depending on the unique circumstances of your crash, you could file a case against:

  • The truck driver
  • The trucking company
  • A vehicle manufacturer
  • A vehicle parts manufacturer
  • A shipper or receiver

Your attorney could help you pursue damages from anyone who contributed to your accident and injuries.

Types of Damages in North Carolina Semi-Truck Accident Claims

Before entering negotiations with the trucking company’s insurance provider or taking your case to court, it’s essential to assess the full extent of your damages. In personal injury law, “damages” refer to any harm or loss you’ve suffered that could be compensated through legal action.

North Carolina law allows for the recovery of three main types of damages, including:

Economic damages are measurable losses that can be easily calculated in monetary terms.

Non-economic damages are subjective losses that don’t have a direct monetary value.

Punitive damages are additional penalties imposed to punish the defendant for extreme negligence.

Examples of Economic and Non-Economic Damages

Economic damages may include:

  • Medical expenses
  • Property damage
  • Lost wages
  • Reduced earning capacity
  • Physical therapy
  • Long-term care needs

If you’ve suffered severe injuries, disabilities, or emotional trauma, you may also be eligible for non-economic damages, which could include:

  • Psychological trauma
  • Emotional distress
  • Scarring and disfigurement
  • Permanent disability
  • Loss of a limb or organ
  • Loss of companionship
  • Loss of enjoyment of life

Determining the Worth of a North Carolina Semi-Truck Accident Claim

Unlike some states that impose caps on the amount of compensation that can be awarded in truck accident cases, North Carolina does not limit the damages recoverable in most truck-related insurance claims and personal injury lawsuits. This allows your attorney to seek full compensation for both the costs you’ve already incurred and the expenses you may face in the future.

However, this is not the case with punitive damages, which are capped at three times the compensatory damages or $250,000, whichever is greater.

Why Quality Legal Representation Is Necessary for A Semi-Truck Accident Claim

While it might seem reasonable to expect the truck driver at fault, their employer, or their insurance company to offer a fair settlement, this is often not the case. Many trucking companies employ legal teams to protect their interests, and even if they don’t, their insurance companies typically do. These legal teams work closely with the transportation industry and will do everything possible to reduce the value of your claim or deny it altogether. They may even argue that you were partially at fault for the accident.

Because North Carolina follows the contributory negligence rule, if you are found to be even slightly responsible for the accident, you could be barred from receiving any compensation.

To strengthen your claim, you may need to spend months gathering evidence and building your case before reaching a fair settlement or presenting it in court. Hiring an experienced North Carolina truck accident attorney can be crucial in navigating these challenges and securing a full recovery.

The Irons and Irons P.A Difference

At Irons and Irons P.A., we pride ourselves on delivering personalized legal services that address the unique challenges of each truck accident case. Our comprehensive approach ensures that every aspect of your claim is meticulously handled, from gathering evidence to representing your interests in court.

Curious about our track record? Discover how Irons and Irons P.A. secured $5 million in a wrongful death semi-truck accident claim

Gathering and Evaluating Evidence for Your Case

A crucial step in maximizing your compensation is gathering and thoroughly evaluating all relevant evidence. At Irons and Irons P.A., we can examine your medical records, review footage from surveillance cameras, and obtain the trucking company’s records to support your claim. This comprehensive approach helps ensure that no detail is overlooked and that your case is as strong as possible.

Interviewing Witnesses

Eyewitness accounts can be pivotal in convincing the insurance company to engage in good-faith negotiations. Our team is skilled at identifying and interviewing key witnesses whose testimonies can support your claim, adding credibility and weight to your case.

Consulting Specialists

In complex truck accident cases, consulting with specialists can be invaluable. Experts in various fields can provide insights into your long-term healthcare needs and help estimate your future medical expenses. These expert opinions can significantly impact the valuation of your claim, ensuring that all potential costs are considered.

Managing All Communications With Insurers and Courts

Navigating the legal and insurance processes after a truck accident can be overwhelming. An experienced attorney can manage all communications with insurers and courts on your behalf. This not only helps you meet all deadlines but also ensures you avoid falling victim to insurance adjusters’ tactics designed to minimize your claim.

Representing Your Interests

Your attorney will be your advocate, representing your interests when dealing with insurance companies or presenting your case before a judge and jury. At Irons and Irons P.A., we are committed to fighting for the full compensation you deserve, using our experience and knowledge to challenge any attempt to undervalue your claim.

Maximize Your Semi-Truck Accident Claim With Irons and Irons P.A.

The aftermath of a truck accident can be overwhelming, leaving you with physical pain, emotional distress, and financial uncertainty. At Irons and Irons P.A., we understand the hardships you're facing, and we're here to stand by your side every step of the way. You don’t have to navigate this difficult journey alone—our dedicated team is committed to fighting for the justice and compensation you deserve.

If you or a loved one has been injured, don’t wait to get the help you need for your semi-truck accident claim. Contact us today for a free case evaluation. We’re ready to listen, support, and advocate for you throughout the entire legal process.