There are a handful of factors to consider when deciding whether to sue after a truck accident. These include injury severity, fault, available insurance and assets, and the amount of compensation you are seeking.
Here are some question a person should consider before filing a truck accident lawsuit:
- What are my injuries?
If injuries are less than severe, a truck crash victim may not be able to recover enough compensation to justify the cost of litigation. However, if the injuries are serious, like a Traumatic Brain Injury or a herniated spine, the amount of compensation owed is likely to be significant.
- What are my damages?
Damages are the monetary losses that a victim incurs as a result of the accident. They can include things like medical expenses, lost wages, pain and suffering, and property damage. If damages exceed policy limits, a lawsuit should be considered.
- What is the financial viability of the defendant?
This is an important question to consider, as it affects the chances of a victim recovering compensation. If the other party does not have any money or assets, a victim may not be able to collect on a judgment even if they win their case. However, trucking companies usually have significant assets.
- What are the laws in my state regarding truck accidents?
The laws governing truck accidents vary from state to state and affect victims’ rights and options. For example, some states have laws that allow injured truck accident victims to recover punitive damages, which are damages that are intended to punish the wrongdoer rather than compensate the victim.