4 FAQs About Truck Accident Spinal Injury Claims

February 16, 2020

by Donaldson & Weston

personal injury lawyer

If you or someone you love sustained a spinal cord injury (SCI) in a large truck crash, your family may never be the same. Because the spinal cord is part of the central nervous system, it plays a role in virtually every bodily function. Should it suffer damage, the outcome could be permanent physical impairment.

While filing a truck accident claim won’t erase the trauma your family has already experienced or eliminate the hurdles they’ve yet to face, it could yield the funds needed to live a full life in the aftermath. For example, holding the liable party financially accountable might allow you to hire a home care provider, utilize housekeeping and childcare services, purchase innovative mobility aids, and remodel your home and vehicle so they can accommodate any disabilities.

Navigating the claims process is challenging, though, and it could be months or even years before the case is resolved. Let’s take a look at some of the most frequently asked questions about truck accident spinal injury claims so you know what to expect along the way:

1. Who Might Be Liable for a Spinal Cord Injury Caused by a Truck Accident?

Depending on the circumstances of the wreck, there are a number of parties that could be partially or wholly liable for the associated damages. Examples include:

  • The trucker;
  • The trucker’s employer;
  • Another motorist;
  • The motor carrier’s maintenance contractor or cargo loading contractor;
  • The government agency responsible for designing or maintaining the roads where the incident occurred; and
  • A vehicle or parts manufacturer.

2. How Can I Prove the Opposing Party Is Liable?

The strongest evidence of liability will probably include some combination of the following:

  • Eyewitness deposition;
  • Photographs of the wreckage;
  • The official police report;
  • Toxicology reports;
  • Black box data;
  • Driver’s logs;
  • Cell phone records;
  • Weigh station receipts;
  • Toll booth tickets;
  • Dash cam footage; and
  • Surveillance recordings.

3. How Much Is My Truck Accident Spinal Injury Claim Worth?

While your legal team won’t be able to guarantee a specific settlement or verdict, they can calculate a reasonable payout to serve as a starting point for the negotiations. Once the case is underway, though, there are a number of factors that will influence the potential value of your claim including:

  • The defendant’s total available insurance coverage;
  • The total value of the defendant’s assets;
  • The strength of any evidence of liability;
  • The role that you played in causing the accident; and
  • Whether you made an active effort to mitigate damages.

4. What Can I Do to Strengthen My Claim?

The insurer is going to look for any reason to deny or at least devalue your claim. To avoid giving them one, you should let your legal team handle all correspondence with the claims adjuster. Your injury attorney may also advise you to:

  • Stay off social media;
  • Ask friends and loved ones to avoid mentioning you or the case online;
  • Follow your doctor’s orders;
  • Keep a detailed journal tracking your recovery;
  • Photograph the progress of any visible wounds; and
  • Save all relevant records, receipts, and invoices.

Call 561-299-3999 for a Free Consultation with a West Palm Beach Truck Accident Lawyer

At Donaldson & Weston, we understand the physical, emotional, and financial toll that a spinal cord injury can take on the whole family. If you sustained an SCI in a large truck crash, let us help you pursue the maximum payout possible. Call 561-299-3999 or use our Online Contact Form to set up a free case evaluation with a personal injury attorney in West Palm Beach.