A Georgia truck accident is often a catastrophic event that could affect the rest of your life. You might have the right to compensation for your injuries, but how much can you recover?
Unfortunately, it is hard to say, as the particular elements of your truck accident case affect the value of your losses. Rather than focusing on a hypothetical average truck accident settlement, a better approach to understanding your potential compensation is to examine how personal injury cases work and what factors influence the amount of a truck accident claim.
What Compensation Can Be Recovered in a Georgia Truck Accident Settlement?
Your compensation in a truck accident settlement is based on the extent of your losses from the collision. Some losses for which you can demand compensation after a truck wreck include:
- Medical expenses (current and future)
- Lost wages
- Reduced future earnings
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Loss of consortium (damage to the relationship with your spouse because of the accident)
- Damaged personal property
You can also request punitive damages if you take your case to trial and provide clear and convincing evidence of willful misconduct, malice, fraud, oppression, wantonness, or a total disregard for the safety of others. Punitive damages are not based on any specific loss you have suffered. Instead, they are money the court can order the wrongdoer to pay you to penalize them for severe wrongdoing.
Georgia law usually limits punitive damages to $250,000. Additionally, the state receives 75 percent of the punitive damages award. However, the cap does not apply in cases where a defendant was intoxicated or deliberately hurt you.
How Will Compensation Be Affected If Multiple People Are Involved in a Georgia Truck Accident?
Truck accidents often involve multiple liable parties, including the truck driver, their employer, the truck’s manufacturer, cargo loaders, maintenance companies, and others. When multiple parties share the blame for your injuries, you can pursue compensation from each party, but you must file a claim against each party to seek full compensation. Furthermore, each party is only liable for paying compensation that corresponds to their percentage of fault.
Let’s examine how this works in practice. Suppose you take your case to court, and a jury decides the truck driver is 70 percent at fault for your injuries while the trucking company is 30 percent at fault. In this scenario, the truck driver would be responsible for paying 70 percent of your damages (the compensation you receive for your losses from the accident). The trucking company would be responsible for the remaining 30 percent.
But what happens if you were partly responsible for the crash? It could still be possible to recover compensation in these circumstances, but your compensation is reduced by your percentage of fault. So, if a jury decides you are 25 percent to blame for the crash, you would lose 25 percent of your compensation. You cannot recover any compensation if your percentage of fault is 50 percent or more.
Does Georgia Set a Time Limit for Filing a Truck Accident Lawsuit?
Yes, you must file a truck accident lawsuit within specific time limits. In most cases, you must file a truck accident lawsuit within two years of the crash.
Some exceptions to the rule exist. For example, injured minors have until their 20th birthday to file a lawsuit. Similarly, you might have additional time to file a lawsuit if your injuries were not immediately apparent. Talk to our truck accident attorneys for more information on the specific deadlines in your situation.
How Long Does It Take to Settle a Georgia Truck Accident Case?
It depends on the case. Some truck accident claims settle within a few weeks or months, while others take a year or longer. The factors that affect the timeline of a truck accident claim include:
- Injury severity – Your case will likely take longer if your injuries are severe or require long-term treatment. You will want to wait until you know the full extent of your medical needs for severe injuries before settling your personal injury claim. Otherwise, you might accept less than your claim’s full value.
- Length of your recovery – The more time it takes to reach maximum medical improvement (meaning further treatments will not meaningfully improve your truck accident injuries), the longer your claim may stay open. Settling too early could mean leaving out future medical expenses or lost wages.
- Disputes over fault – If the trucking company or their insurer argues that you were partly or fully liable for the crash, it can slow the progress of your case. Proving liability may require you to collect additional evidence or hire accident reconstruction experts, which can prolong the process.
- Insurance company delays – Trucking company insurers often use stalling tactics to wear you down. They may delay responses, request unnecessary paperwork, or offer lowball settlements that require back-and-forth negotiations.
- Multiple parties involved – Truck accident cases often involve several parties, such as the truck driver, the trucking company, and possibly the truck’s manufacturer or a maintenance provider, for example. Gathering evidence and sorting out who is responsible can take time.
- Going to trial – If a fair settlement cannot be reached, your attorney may need to file a lawsuit to enforce your rights. A lawsuit and trial can significantly extend your case’s timeline, but might be necessary to recover full compensation.
Get Help from an Experienced Georgia Truck Accident Attorney
The best step you can take to maximize your truck accident settlement and speed up the legal process is to hire our Georgia truck accident lawyers.
Reputation, respect, and results are the hallmark of our law firm. With over 85 years of combined legal experience, Sherrod & Bernard, P.C., has the in-depth knowledge you need to pursue full compensation. We’ve recovered millions of dollars for our clients and will not accept a lowball settlement from the insurance company. Furthermore, our client testimonials showcase our commitment to customer service and making the legal process as painless as possible.
Do not accept an unfair truck accident settlement in Georgia because you did not have proper guidance. Call Sherrod & Bernard, P.C., today or complete our contact form for a free consultation about your personal injury lawsuit.
