The like hood of going to court after truck accident depend on whether you and the defendant can or have come to an agreement about the accident. When determining the value of the truck accident, there are few factors to consider, and this includes special damages, trial cost, general damages and the risk of having the judiciary to decide for you.
No fault states
Most of the states allow a lawsuit for truck accidents, but few have no fault which allows only severe cases to be taken to court. If the accident is not considered serious one may collect the wages and medical expenditure from the insurance policy. However in the majority of states e.g. in Gary, one can file a lawsuit even in minor damages.
Determining the case value
There are factors that determine the case value. They include among other unquantifiable injuries, quantifiable damages and special damages which are easier to determined .some of the damages to be considered includes medical expenses, lost income as a result of injuries ad damaged properties. They can be monitor valued and proved easily.
Other damages are less quantifiable.They include permanent disability, lose of ability to conduct household chores, recreation activities, emotional injuries, pain dispersion, etc. this are types of damages know as general damages
Special damages against general damages
To determine the general damages the defendant insurance company will have to come up with a figure that they believe is worth using a special formula. They add up special damages and multiply that by a total number from one to five. if the injuries are minor the insurance company will use a low number but if it’s a case of disability and death higher number of up to ten are used.
Comparative vs contributory faults
This factor varies with from one state to another. If the safe uses comparative fault, the percentage will be factored with total damage formula number. Contributory fault, on the other hand, states that the plaintiff should be compensated more than 50%.
To settle or not to settle
To settle for a compensation Gary truck accident lawyers will have to weigh the risk of initiating the trial. Solving the case without engaging the out can save a lot of money, and this is the first consideration that experienced lawyer will advise. If you have a scenario where you are claiming for $60,000, and the other party is willing to settle for $45,000, this amount is negotiable and best settled outside the court.
One way to ensure that this goes well is to involve a meditator .This sis a third part who will give opinion after listening to both sides .This will give both the parties the idea of how things could turn if they decide to push for trials .