Calculating a Settlement in a Virginia Beach Truck Accident Case
Calculating a settlement in a Virginia Beach truck accident case can be difficult without a skilled attorney by your side. With help from the Cooper Hurley Injury Lawyers team, you can rest assured that your case is in competent hands. We should work hard to ensure that you receive a fair settlement offer that covers all present and future losses.
Factors Involved in a Truck Accident Settlement Calculation in Virginia Beach
There are many factors that go into calculating a settlement for a truck accident case that has occurred in Virginia Beach. One of the most significant factors is the amount of your medical expenses, including past and those reasonably expected to be incurred in the future. Additionally, lost wages, both past and future, are also important to a settlement calculation.
Settlement value should also include payment for any disfigurement or scarring resulting as well as surgeries resulting from the accident. A claimant’s pain, suffering, inconvenience, mental anguish or any embarrassment that he or she may experience as a result of the accident could also be a factor.
The strength of a case may play into its settlement value. If someone has a strong and compelling case against a culpable and clearly negligent trucker, then the insurance company may be more inclined to pay a fair amount. However, if an insurance company thinks it can prove that the trucker was not negligent or that the injured person shared fault, then it will not likely offer a fair amount. This is why a thorough investigation is important to make sure the strongest case possible is presented.
Role of the Jury in the Way a Truck Accident Settlement is Calculated
In Virginia Beach, a jury plays no direct role in the calculation of a settlement for a truck accident case. However, a jury does determine how much money someone is entitled to if settlement talks break down, and a claimant goes to trial before a jury. Where the jury indirectly can affect a settlement value is through reputation. If jurors in a particular area have a reputation for awarding large verdicts, then insurance companies usually factor that into the settlement amount they offer.
How Does Negligence Impact a Settlement Calculation?
Virginia is known as a pure contributory negligence state. If the injured person shares any fault in a truck accident, then under the law, he or she is barred from any recovery. If the fault of the injured person is obvious, then the insurance company will typically refuse to negotiate, and it may take its chances at trial. If there is merely an argument that the injured person shared some fault, then the insurance companies may offer some money. However, in these situations, it is typically not the full settlement value of the truck accident case.
Issues When Negotiating a Settlement Offer in Virginia Beach
One major issue injured people who are attempting to negotiate a settlement without a lawyer will often encounter are lowball offers. Because injured parties are not viewed as being capable of filing a lawsuit and taking them to court, insurance companies take this as an opportunity to get off cheaply.
Another issue is when a claimant is directly dealing with an insurance company, some of the statements he or she makes regarding how the accident happened or his or her injuries can be used against him or her later. For example, if a claimant tells the insurance company he or she is doing fine, an insurance company is not above trying to use that statement as a declaration that the claimant is now fully healed and pain-free from the accident.
When a person does not have representation, these insurance companies can be slow to get back to people, making these cases drag on. After going through a lot of trouble to collect relevant records and bills, the insurance company may turn around and ask for ten years’ worth of prior medical bills and records. These delay tactics can harm claimants because as the two-year statute of limitations gets closer, a claimant’s options may dwindle. Therefore, it is important to hire an attorney to handle settlement negotiations for a truck accident case in Virginia Beach.
Get Help from a Virginia Beach Attorney When Calculating a Truck Accident Settlement
The most significant way a lawyer could help when calculating a settlement in a Virginia Beach truck accident case is by pulling from his or her experience and having established contacts with different experts, such as liability trucking experts or medical professionals. You do not have to go through this challenge alone. Do not hesitate to reach out to our team today.