Truck accidents can result in devastating consequences for all parties involved. Between property damage, physical injuries, and emotional trauma, recovering after a California trucking accident can be both time-consuming and expensive.
Fortunately, however, there are avenues you can pursue to help you move forward. A truck accident settlement can provide you with the financial compensation you need to recover.
If you or a loved one has suffered harm in the aftermath of a California trucking accident, give the accident lawyers at Silva Injury Law, Inc. a call. We currently serve the Turlock, Merced, Modesto, and Monterey areas, and we hope we have the opportunity to serve you too.
California Trucking Accident Settlements: What You Need to Know
According to the 2017 California Highway Patrol (CHP) Annual Report of Fatal and Injury Motor Vehicle Traffic Crashes, there were 6,897 truck-related crashes on California roads that resulted in injuries in 2017.
Such accidents can certainly lead to severe consequences. But the trucking accident settlements process can help you recover valuable compensation.
Available Damages in California Trucking Accident Settlements
A trucking accident can cause you to incur thousands of dollars in losses. Through a settlement, however, you may be able to recoup many of these costs.
According to California law, any person who suffers detriment as a result of the wrongful actions or omissions of another may recover compensation from the at-fault party. This compensation is referred to as damages.
In a trucking accident case, recoverable damages typically include compensation for things such as:
- Hospital bills,
- Ambulance fees,
- Physical therapy expenses,
- Lost income,
- Loss of earning capacity,
- Pain and suffering, and
- Loss of enjoyment of life.
In some rare circumstances, a truck accident victim may also seek what is known as punitive or exemplary damages. However, such damages are usually reserved for the most egregious cases in which there is evidence of oppression, fraud, or malice by the at-fault party.
Don’t Feel Pressured to Accept the First Offer You Receive
Each case is different. Accordingly, there is no average amount of time it takes for a truck accident case to settle.
Some cases may settle within a matter of weeks. However, depending on the facts and circumstances of your particular case, it could be months or even longer.
It’s also important to remember that a quick settlement doesn’t necessarily mean a fair or equitable settlement. In many cases, the opposing party, their insurer, or their legal counsel may provide an initial settlement offer that is well below what you may be legally entitled to recover.
Often, however, an experienced truck accident settlements attorney may be able to help you obtain a significantly more favorable outcome. Thus, when in doubt, always run any initial settlement offers past an attorney before deciding whether to proceed.
Be wary, however, of the statute of limitations. This is the timeframe in which a plaintiff must file a legal claim in court. For trucking accidents and other personal injury cases, the statute of limitations is two years from the date of injury caused by the wrongful or negligent act of another.
If your case is approaching the two-year limit and it still hasn’t settled, it may be time to consider filing a lawsuit. Failure to file or settle before time expires may result in forfeiture of your legal claim entirely.
Do I Have to Settle My Case?
No, you never have to settle your case. In fact, at Silva Injury Law, Inc. we will never accept a case that we aren’t willing to take all the way to trial.
Of course, in a perfect world, at-fault parties would always take responsibility for their actions and willingly pay for the damages they caused. And while we will always try to settle your case to prevent you from having to deal with the added time and stress of a trial, sometimes this just isn’t possible.
But rest assured, if our lawyers can’t obtain a fair and reasonable settlement for you, we will not hesitate to litigate your case and fight for what you deserve.
How to Maximize Truck Accident Settlements in California
Navigating the truck accident settlement process can be stressful, complicated, and confusing. That’s why we’ve made it our mission to help injury victims like you.
At-fault parties in a truck accident case will frequently try to make lowball offers and take advantage of people who are just trying to recover. But hiring an experienced injury lawyer is one of the best ways to prevent this from happening.
At Silva Injury Law, Inc., we’ve helped our clients obtain extraordinary results—in some cases obtaining settlements as much as 45% more than the initial offer from the adverse party. We will always fight zealously to get our clients the outcomes they deserve. Contact us today for a consultation to see how our attorneys can help you with your truck accident settlement.