How Truck Accident Claims Are Calculated

If you have been the victim of a truck accident then it is important that you seek out legal assistance. This is no doubt a very tough time for you and this is why reaching out to a specialist is the best move for you at this point. The lawyers will be able to help you negotiate with the insurers of the truck company and they will also help you to prove your case in a trial if you are not satisfied with the offer which the insurer gives you.

When it comes to calculating the amount of compensation which you will be given, the course will take a number of factors into consideration. Here is how this process works.

Identifying Guilty Party

The first step here is to actually prove that the trucking company or the driver was at fault for the accident. Your lawyer will have to gather the evidence surrounding the accident and put forward a case which is compelling enough to get the win. If however you are not able to prove that you were the victim in this, as a result of the trucking company or driver, you will not be given any payout at all.

The Severity of the Injury

When it comes to calculating the compensation payout, the main aspect of this which the courts will take into consideration is the severity of the injury which was suffered. There are five categories of injury which you will find here, and they are as follows: mild, less severe, moderate, severe and extremely severe. In order to ascertain which category your injury falls under, the courts will seek advice from medical professionals who will be able to indicate this. A deep cut to the leg for example may be considered as miild, whereas being paralyzed from the waist down would certainly fall under the extremely severe category.

Location of the Injury

The second important factor which helps the courts to calculate compensation is the area of the body in which the injury has been sustained. Basically speaking, each area of the body is deemed as more or less important than others, with regards to how much money will be given out. The head for example is the area which will be considered as most valuable, followed by arms and torso, then legs and feet. This may sound like a heartless way of assessing compensation but it is the best option for the courts and it helps to give them an indication of how much money they should award depending on the case. Internal organs would be considered on a case by case basis.

There are no guarantees as to how much compensation you will be given, simply because of the range of factors which have to be considered. The courts however do have some guide with regards to how much they will pay out for certain injuries on certain areas of the body.