Calculating a Truck Accident Settlement in Lakewood
When a victim suffers devastating injuries due to the negligence of a careless truck driver, they should be made whole again with a compensation award that covers both their economic and non-economic damages. Often times, the guilty party acknowledges that they do share some level of fault for the accident and will offer a settlement award instead of taking a case to trial. However, victims should be weary about accepting any type of offer by the defense as it may be significantly lower than what the victim deservers.
If you are in a similar situation, reach out to an attorney for help with calculating a truck accident settlement in Lakewood. Doing so would be highly beneficial for your ability to recoup compensation for damages.
How is a Settlement Value Calculated?
The settlement value of a case consists of several factors. One of the first things that would be examined is the victim’s medical expenses. Both parties would take into account what is reasonable, necessary, and related to the incurred medical bills. There is often a dispute between both the defense and the plaintiff about whether the medical expenses are appropriate for the injuries sustained and the magnitude of the accident. In addition, the victim should also take into account any property damage sustained. Property damages could include the victim’s vehicle, such as whether their car has been totaled or requires major repairs.
How Does Shared Negligence Impact a Truck Accident Settlement?
Colorado is a comparative negligence state. If the injured party’s own negligence is above 50%, then they may not have a viable injury claim. That may be a determination for a jury or at least an issue that is discussed regarding settlement of the case.
For example, if it is found that the injured party was on their phone leading up to the accident, but the at-fault party collided with the victim due to being under the influence of drugs or alcohol, the negligent truck driver would likely hold the majority level of fault, but the victim’s compensation award may decrease by whatever percentage they are at fault for. Further complicating issue is that auto accidents are not always accidents involving only two parties. They may involve three or more parties. As a result, it becomes even more important for an experienced attorney to help advise an injured party, plaintiff, regarding their relative fault in a truck accident case.
All accidents are different, with varying degrees of responsibility for each accident. Consequently, an injured party will need an experienced attorney to make a determination of a portion of comparative fault for the accident and help advise the injured party plaintiff to determine what they might expect as the claim gets pursued.
How Could an Attorney Help Calculate a Settlement?
An experienced attorney will marshal all of the evidence available regarding the accident and attempt to establish substantiation for each areas of damage. An attorney would also help advise the victim as to the circumstances involved in the accident, the relative fault of the parties, and the substantiation of the evidence in order to arrive at a reasonable settlement demand if the case is not able to be settled a reasonable and well-founded case on behalf of the injured party plaintiff.