In the aftermath of a truck accident, the victims are usually in an overwhelmed condition caused by a combination of things: physical injuries, emotional distress, growing medical bills, and uncertainty about the future. Most of the time, the insurance companies act fast and offer a settlement, marketing it as a quick and equitable resolution. Yet, it is highly recommended to consult with a Chicago truck accident attorney before accepting any offer. Truck accident claims are a lot more complicated than regular car accident ones, and to accept an early settlement is almost always to accept less than what the victims are entitled to receive.
Truck accident compensation is not the same for every case as the issue of liability is not usually limited to one and the same party. After the truck driver, the accident might be blamed on the truck company, the vehicle owner, the contractors in charge of maintenance, the loaders of the cargo, or even the makers of the faulty truck parts. All of these parties could have their own specific insurance policies and legal counsel. The insurance companies are knowledgeable about this complication and they frequently try to resolve the claims before the victims realize how many sources of compensation they can get so as to prevent the situation from escalating.
One more critical problem that victims encounter is the failure to recognize the actual cost of their injuries. Accidents involving trucks often cause to the victims severe injuries such as traumatic brain injury, spinal cord injury, internal injuries, heavy fractures, burning, or lifelong disability. Though at first medical bills may look bearable, long-time costs will include among others rehabilitation, physical therapy, ongoing treatment, assistive devices, medications, and surgeries in the future. Not only should a settlement cover the present medical costs but also it should include future care, lost wages, reduced earning capacity, pain, and suffering, emotional distress, and loss of quality of life. Insurance companies usually downplay or overlook such future damages when they are making their early offers.
Insurance adjusters may come across as friendly and helpful, but nonetheless, their main objective is to minimize the amount paid out. Often, victims are forced to take the offer of a quick settlement that comes with a promise of instant financial relief. Adjusters do this in various ways, such as minimizing injuries, doubting medical treatments, claiming that symptoms are not as bad as they are presented to be, or saying that delays will result in a smaller amount of money for the claim. Some adjusters ask for recorded statements which can be used later on to weaken the claim.
The claims related to truck accidents that have a strong foundation are highly dependent on the evidence, and hasting to a settlement may mean that crucial proof is overlooked or lost. The evidence that is important might consist of police reports, statements from witnesses, footage from surveillance cameras, data from electronic logging devices, information from black boxes, files related to the qualifications of drivers, records of maintenance, violations of safety regulations, and analyses of accident reconstructions. The companies involved in trucking usually perform certain actions very quickly after an accident in order to shield themselves; for instance, they might repair the damaged vehicle or destroy the relevant records. If there is no comprehensive investigation, the victims may simply be settling for an amount that is much lower than what their case is worth without even being aware of it.
Illinois has implemented a system of modified comparative fault, thus a plaintiff’s compensation may be decreased in case he or she is found partially responsible for the incident. That’s why insurers often try to blame the victims for the accident in order to pay them less. Just a minor percentage of responsibility attributed to a plaintiff can create a large difference in the amount of money received. Therefore, the victims must know the criteria for fault assessment and whether the burden of fault is being unfairly placed on them, before they accept the settlement.
In certain circumstances, accepting a settlement too quickly can cause a lot of harm. When a patient is still receiving medical treatment, the future costs of health care are not clear, the legal responsibility has not been completely looked into, or it is possible that more than one party will be liable, then the best practice is to postpone the discussions around a settlement. The same applies to cases where a person might suffer from long-term disability or permanent impairment, in which case, settling the case quickly could lead to significant monetary loss in the future. If you’re looking for help and trustworthy legal backing, the Salvi, Schostok & Pritchard P.C. The website is the one that can help you. The site is a good place to start for learning about how to safeguard your rights after a major truck collision.
