Will I Have To Go To Court?

Not necessarily. Many trucking accident cases are concluded without even filing a lawsuit. Most lawsuits are settled without an actual trial. A settlement avoids the cost and delay of a trial and may result in a greater net recovery. However, if the case cannot be settled on satisfactory terms, it may be necessary to try it in court.

What Is My Case Worth?

The value of a case depends on a variety of factors and cannot be determined without analyzing information regarding the injury, medical bills, loss of income, and permanency of the injury. There is no rule of thumb, and each set of facts results in a different amount of damages.

What Kind Of Compensation May I Receive For My Injuries?

An injured person may receive compensation, or damages, for:

  1. Medical expenses
  2. Future medical expenses
  3. Expenses to care for the injured person
  4. Lost income
  5. Loss of income in the future
  6. Pain
  7. Suffering
  8. Mental anguish
  9. Loss of enjoyment of life
  10. Loss of consortium, or spousal relations

In North Carolina, the damages recoverable for cases involving wrongful death are:

  1. Expenses for care, treatment, and hospitalization incident to the injury resulting in death;
  2. Compensation for pain and suffering of the decedent;
  3. The reasonable funeral expenses of the decedent;
  4. The present monetary value of the decedent to the persons entitled to receive the damages recovered, including but not limited to compensation for the loss of the reasonably expected:
  1. Net income of the decedent,
  2. Services, protection, care and assistance of the decedent, whether voluntary or obligatory, to the persons entitled to the damages recovered,
  3. Society companionship, comfort, guidance, kindly offices and advice of the decedent to the persons entitled to the damages recovered;
    1. Such punitive damages as the decedent could have recovered had he survived, and punitive damages for wrongfully causing the death of the decedent through maliciousness, willful or wanton injury, or gross negligence;

      2. The Trucking Company & Its Insurance Company Want To Talk To Me, What Should I Tell Them?

      NOTHING! Do not speak to either the trucking company or their insurance company until you obtained legal advice. Once you have been involved in an accident, the trucking company and its insurance carrier are your adversaries. As the legal saying goes, "Anything you say can - and will - be used against you." In contacting you, the trucking company and its insurance carrier's secret motivation is to obtain statements and facts from you that will be harmful to your case. They will then try to use this information later on to pay you less compensation or maybe no compensation at all. Do not speak to anyone about your case except your attorney.

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