Truck accidents in Omaha can leave victims with mounting medical bills, lost wages, and a long road to recovery.
If you’ve been injured, one of your biggest concerns is likely how much compensation you can receive. While every case is different, understanding the factors that influence your settlement or court award can help you set realistic expectations.
As Nebraska’s largest city, Omaha is a key transportation hub, with major highways like I-80 and I-29 running through it. Heavy truck traffic increases the risk of accidents, and when collisions happen, victims often suffer serious injuries. These can include broken bones, spinal cord injuries, traumatic brain injuries, and more. Even minor accidents can result in significant losses for victims.
In general, the amount of compensation you can receive from a truck accident case will depend on several key factors. Read on to learn more about these factors and how Omaha truck accident attorneys can help you get the maximum compensation for your injuries.
Factors That Determine Compensation
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The amount of compensation you may receive depends on several key factors, including:
1. Severity of Injuries
In any personal injury case, the severity of your injuries is a major factor in determining compensation. The more serious your injuries, the higher the potential payout. This is because severe injuries often require extensive medical treatment and ongoing care and may result in long-term or permanent disabilities.
For truck accident cases specifically, there are several types of damages that may be awarded for injury-related losses. These can include:
- Medical Expenses – This includes past, current, and future medical bills related to your truck accident injuries.
- Lost Wages – If you have to miss work due to your injuries, you may be able to recover compensation for lost wages.
- Pain and Suffering – This includes physical pain, emotional distress, and loss of enjoyment of life resulting from your injuries.
2. Liability
Liability refers to who is at fault for the truck accident. In order to receive compensation, you must be able to prove that the other party was responsible for causing your injuries. Nebraska follows a modified comparative negligence rule, which means that if you are found to be partially at fault for the accident, it can affect the amount of compensation you receive.
For example, if you were 25% at fault for the accident and were awarded $100,000 in damages, your final award would be reduced by 25%, leaving you with $75,000. It’s important to work with an experienced Omaha truck accident attorney who can build a strong case and help prove the other party’s liability.
3. Insurance Limits
Trucking companies are required to carry insurance coverage for their vehicles, which includes commercial vehicle liability insurance. These policies often have much higher limits than standard car insurance policies in order to account for the potential damages caused by large trucks.
However, there are instances where the trucking company may not have enough insurance coverage to fully compensate victims for their injuries. In these cases, your attorney may explore other avenues of compensation, such as filing a personal injury lawsuit against the driver or trucking company.
Average Settlement Amounts for Truck Accident Cases in Omaha
The average settlement amount for a truck accident case in Omaha can vary greatly, depending on the specific circumstances of the case. On average, settlements can range from $10,000 to over $150,000. However, in cases where the victim suffers severe injuries, the settlement amount can reach into the millions.
Some key factors that may influence the average settlement amount for truck accident cases in Omaha include:
- The extent of injuries and resulting medical expenses
- How clear liability is and whether there is evidence to support it
- The insurance limits of the trucking company involved
- Whether or not the case goes to trial
While these are just some general factors that may affect your potential compensation, every case is unique and should be evaluated by an experienced attorney. It’s important to seek legal counsel right away after a truck accident to ensure your rights are protected and you have someone fighting on your behalf.
How an Omaha Truck Accident Attorney Can Help
Truck accident cases can be complex and involve multiple parties, including the trucking company, driver, insurance companies, and more. An experienced Omaha truck accident attorney can help you navigate these complexities and fight for the compensation you deserve.
Some ways an attorney can assist with your case include:
- Gathering evidence to support your claim
- Negotiating with insurance companies for a fair settlement
- Representing you in court if necessary
- Calculating the full extent of your damages and losses
- Providing legal guidance and advice throughout the entire process
If you or a loved one have been injured in a truck accident in Omaha, don’t hesitate to reach out to an experienced attorney. They can help answer your questions, assess the strength of your case, and fight for your rights to fair compensation.
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