If the injuries you suffered were caused by a person’s negligent actions or wrongful act, you are entitled to file a personal injury lawsuit against that individual or the company they work for in an effort to recover compensation for your losses. Arizona’s personal injury law “says that if someone else carelessly causes an accident they can be [held] responsible to pay medical bills, as well as any pain, discomfort, emotional harm, lost wages or physical limitations which are the result of the accident” [Source: State Bar of Arizona]. Now that you know you are legally permitted to sue a party whose negligent behavior caused the truck accident you were involved in, who determines how much you are entitled to recover?
The truth is, there are several parties that may weigh in on what you should receive in terms of damages. In this article, we will provide you with a broad overview of who those parties are as well as who you can contact if you are interested in taking legal action against the party who caused the collision.
Who decides how much I am awarded after a truck accident?
The following parties will likely play a role in determining how much you should receive for the damages you suffered.
- An AZ truck crash attorney.
If you haven’t already hired a truck accident lawyer in Arizona, now would be a good time to do so. If you’ve never filed a claim with the courts or had to place a value on the injuries you suffered in a vehicular accident, then having an experienced lawyer can be extremely beneficial to your case. While it is easier to value the economic damages you suffered (i.e. medical bills, loss of earnings, etc.) as you can add up the amount you have accrued in medical treatment, the income you would have earned had you been able to work, etc., noneconomic damages (i.e., pain, suffering, mental anguish) aren’t as easy to value. To be sure you are asking for a reasonable amount and not an amount the court shall consider to be excessive, you need a truck accident attorney with experience helping you add up how much you should receive in damages.
- The insurance company.
If the accident is covered by the trucking company or the driver’s insurer, then you may be limited in how much you can recover. Generally, insurance companies are only obligated to pay up to the policy holder’s limits given your claim reaches that amount. However, if the insurer failed to provide you with the maximum amount of compensation you are entitled to, then you may be able to get more if you choose to sue and your lawsuit is a successful one.
In many personal injury cases, lawsuits don’t make it to the trial phase. Instead, the parties are able to settle on amount both are content with before it reaches that point. Sometimes, though, a case will go to trial and that is when a judge and sometimes a jury will determine what a victim should receive in damages.
So, you see, there are multiple parties who may decide what you should receive for the injuries you suffered. But, if you want to be sure you are asking for an amount that is fair an enough to cover the damages/losses you suffered, you will want to reach out to a truck accident lawyer as soon as possible before taking any action on your own. If you’d like to speak with a legal representative near you in Arizona, USAttorneys.com is here to help you find one.