This is the second installment of a two-part post providing an overview on how the value of a San Francisco trucking accident claim is determined. Part I discussed the challenges in providing an initial estimate for damages and the types of economic damages available while this installment examines the specific factors that impact the value of a tractor-trailer collision claim and the types of intangible damages that may comprise part of that value.
Understanding how the value of a trucking accident lawsuit is calculated involves an awareness of the other types of damages and factors that may affect the value of your claim beyond just your economic (out of pocket) damages. More intangible types of damages that may be awarded in a San Francisco trucking accident claim include pain and suffering, impaired quality of life, loss of consortium and punitive damages. The amount of pain and suffering and quality-of-life type damages that you recover will depend to some degree on the effectiveness of your Bay Area trucking accident attorney’s ability to communicate to a jury the true impact of your injuries on your daily life.
Similarly, the amount of loss of consortium damages is based on evidence presented on the relationship between a husband and wife. Because this type of damages is designed to compensate a spouse for the negative impact on one’s marriage, the amount of loss of consortium damages will depend on the evidence presented regarding what a marriage was like before and after a trucking accident. Punitive damages are designed to punish particularly reckless conduct by the wrongdoer. These damages will not necessarily be awarded in every case, but a jury may have broad discretion in awarding this type of damages based on how deplorable they consider a defendant’s conduct. Punitive damages may be appropriate, for example, when a trucking company permits a driver to operate a commercial vehicle despite knowledge of a recent failed drug test and past accidents.
On top of these factors, there are other relevant issues that may impact the value of your San Francisco trucking accident claim. A very important factor is the ability of your trucking accident lawyer to portray an appropriate picture of an injury victim and the defendant. If an accident victim is more likable, there is an increased probability that a court will award increased compensation. Similarly, a court that finds a defendant particularly despicable may award substantially more damages.
There are also defenses that may be asserted in many San Francisco trucking accident lawsuits that can substantially affect the value of your claim. For example, a defendant may try to shift responsibility to the trucking accident victim, which may result in a reduction in the amount of recovery by the percentage of fault attributed to the accident victim. This type of defense, which is referred to as comparative negligence, can have a substantial impact on the amount of recovery an accident victim receives. Our experienced Bay Area trucking accident attorneys attack this type of defense tenaciously to protect the value of our clients’ commercial truck accident claims.
We often speak with prospective clients that face a very difficult situation because there is no insurance available to pay their trucking accident claim. Even a case with clear liability by the other driver has limited value if there is no insurance or other assets available to satisfy a judgment. In some cases, this can turn a potentially valuable claim into a claim with marginal value. We often are able to identify another source of recovery to compensate a victim such as uninsured motorist (UM) coverage or another potential defendant, such as the vehicle manufacturer or public entity for failing to maintain a safe roadway.
Another critical aspect of determining the potential value of a San Francisco trucking accident involves the relationship between fault and the severity of injuries. When liability is fairly clear, this generally will increase the value of the case because there is less risk that the litigation resources devoted to the case will not result in a recovery. Similarly, a case may have greater value when there are significant injuries even if the issue of fault is very much at issue. Generally, weak evidence on fault can make a case with more severe damages less valuable whereas a case with clear liability can make a case with more minor injuries a more valuable case.
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If you have been involved in a serious Bay Area trucking accident, the Law Office of Ian Zimmerman provides a thorough investigation of the facts, extensive legal research, meticulously drafted pleadings and motions as well as compelling courtroom advocacy. Our experienced San Francisco trucking accident attorneys have assisted many victims injured in trucking accidents in the Bay Area. We invite you to contact The Law Office of Ian Zimmerman for your free initial consultation. We are open 9:00 a.m. to 6:00 p.m., speak Cantonese and Mandarin Chinese, and are available for weekend, evening, home and hospital meetings and visits. We also offer free initial consultations and work exclusively on a contingency fee basis so that you pay nothing if we don’t win your case.