Hendersonville Truck Accident Attorney
Accidents involving larger commercial trucks in the Hendersonville area often result in major injuries and significant property damage for those involved. At Larry R. Williams, PLLC, our team is standing by to help victims recover the compensation they are entitled to. A Hendersonville truck accident attorney from our firm is ready to help if you or somebody you love has sustained an injury caused by the negligence of a truck driver or trucking company. We want to make sure that you are cared for every step of the way.
Why Choose Larry R. Williams, PLLC for Your Truck Accident Claim?
- At Larry R. Williams, PLLC, our team takes pride in ensuring that our clients deal with their attorney directly and that they always have someone available to answer their questions or concerns.
- We offer absolutely free consultations so you can come to us to discuss your case and learn about the best path moving forward for your claim.
- Our team handles Hendersonville truck accident claims on a contingency fee basis, which means clients will never have to worry about legal fees until after we successfully recover compensation on their behalf.
Why is an Attorney Necessary for a Truck Accident in Hendersonville?
Truck accident cases can become incredibly complicated. It is not uncommon for victims of these incidents to struggle to recover compensation simply because they do not have the resources necessary to go after the insurance carriers or the legal teams. Please understand that the other parties in these cases usually have extensive resources that they can use to draw out the time frame for these cases and in an attempt to limit how much they pay in compensation.
When you have a Hendersonville truck accident lawyer by your side, you will have an advocate with the resources necessary to fully investigate the case and uncover the evidence needed to prove liability. An attorney will call on trusted medical and economic experts who can evaluate the case and help explain the total expected expenses to the insurance carrier or to a personal injury jury.
Finally, preparing for a truck accident case in front of a personal injury jury is daunting, but an attorney will be ready to do so if that is the best route toward recovering total compensation.
Compensation Available After a Truck Accident in Hendersonville
Truck accident victims in Hendersonville should be able to recover a range of compensation either through an insurance settlement from the trucking company or as a result of a Hendersonville personal injury trial verdict. Our team works diligently to recover both “special” and “general” damages on behalf of every client that we help.
Special damages revolve around relatively calculable losses individuals sustain as a result of a truck accident in Tennessee. This can include medical bills, lost income, property damage expenses, everyday out-of-pocket expenses, and more.
General damages are more immeasurable but are just as important. Truck accident victims often experience signs and symptoms of physical and emotional pain and suffering following the incident due to their injuries and the recovery process. These non-economic damages can be calculated in a few different ways, but they can significantly increase the overall settlement.
Who Will be Held Liable for a Truck Crash?
There may be various parties who could be held liable for a truck accident claim. Often, these incidents are caused by the negligent actions of a truck driver, which can include their failure to follow traffic laws, speeding, distracted driving, impaired driving, fatigued driving, and more.
The trucking company could be held directly responsible if they failed to regularly inspect and maintain the truck and if this failure resulted in mechanical failure that caused the crash. Additionally, the company could be held responsible for inadequate or irresponsible hiring for training practices.
Truck manufacturers or manufacturers of individual parts on the truck could also be held responsible if a defective part or truck was responsible for causing the crash.
Finally, other drivers on the roadway could be held responsible if their negligence contributed to the Hendersonville truck crash.
Types of Compensation Available After a Hendersonville Truck Crash
If a Henderson truck crash victim’s claim is successful, they should be able to recover a range of types of compensation depending on the facts of the case. This can include compensation through an insurance settlement or as a result of a personal injury lawsuit against the truck driver or truck company.
Our team works diligently to uncover every fact of the case so we can help a client secure compensation for all “special” and “general” damages they incur:
Special damages
You will often see these referred to as economic damages, and this revolves around the types of calculable losses a Hendersonville truck accident victim is likely to occur. Some of the most common types of economic damages that we help clients recover and these cases include:
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- Emergency medical expenses
- Follow-up doctor and hospital visits
- Prescription medication costs
- Coverage of medical devices
- Physical therapy or rehabilitation expenses
- Lost wages if a victim cannot work
- Out-of-pocket or rental car expenses
General damages
You will also see these referred to as non-economic damages, and these revolve around less calculable expenses. Non-economic losses are more immeasurable because they attempt to compensate truck crash victims for losses that are not necessarily related to “visible” injuries. This type of compensation revolves around a truck crash victim’s:
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- Physical pain and suffering
- Emotional and psychological pain and suffering
- Loss of enjoyment of life
- Loss of companionship or consortium for a spouse
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How Much Compensation Will You Receive for Your Claim?
There is no set amount of compensation available for truck accident victims in Hendersonville. We try our best to give clients an estimate of how much they can expect to receive when we begin working on their claim, but there is no way to know for sure until we get into the case and present a successful claim to the insurance carrier or to a jury. However, there are several factors that can influence how much compensation a person receives, including:
- The injury severity
- The length of the recovery time
- How much time a person spends away from work
- Whether or not there are any disabilities related to the injuries
- The total amount of property damage
- The measurable amount of pain and suffering a person endures
- Whether or not there was any shared fault for the incident
Will Shared Liability Affect Compensation?
Shared default for a truck accident in Tennessee could affect total compensation amounts, but we strongly encourage you to work with an attorney when it comes to determining comparative negligence. It is not uncommon for the at-fault party, their insurance carrier, or their legal team to try and shift some or all of the blame onto the crash victim. In doing so, they can limit how much compensation they pay out to the claimant.
Tennessee operates under what is called a “modified comparative negligence” system. This means that the total amount of compensation a person receives can change if they played any role in causing the incident. In this state, individuals who are 51% or more responsible for causing a crash will not be able to recover compensation for their losses. Any person 50% or less responsible for the incident will receive reduced compensation depending on their level of fault.
For example, suppose a person sustains $1 million worth of damages as a result of a Hendersonville truck crash that causes catastrophic injuries. However, let us also suppose that a jury finds the claimant to be 20% responsible for the incident because they had faulty brake lights. Under the modified comparative negligence system in Tennessee, the claimant would receive $800,000 instead of the full $1 million. This is 20% less than the full amount, a percentage equal to their level of fault.
Will Your Case go to Trial?
It can be confusing to understand whether or not a truck accident claim in Hendersonville will go to trial. The vast majority of vehicle accident claims, including truck accident claims, will be resolved through a settlement with insurance carriers before a trial becomes necessary. However, there are various reasons why a truck crash victim may need to file a civil personal injury lawsuit against the at-fault party. This includes if the other party refuses to offer a fair settlement or if they deny the claim altogether.
After a civil lawsuit is filed, the case will go into the discovery process, where both sides will continue to investigate and exchange evidence with one another. During the discovery process, negotiations between both parties may still continue, particularly if evidence comes to light that pushes one side or the other towards a settlement or towards dropping the claim. Often, these cases are resolved before a jury trial becomes necessary.
Call a Hendersonville Truck Accident Lawyer Today
If you or a loved one have sustained an injury caused by the negligence of a truck driver or trucking company in the Hendersonville area, turn to the team at Larry R. Williams, PLLC as soon as possible. We need to get involved quickly so we can conduct an investigation into the incident, gather the evidence needed to prove what happened, and help ensure that you are cared for. Let us handle all negotiations on your behalf. When you need a Hendersonville accident attorney, you can contact us for a free consultation of your case by clicking here or calling (615) 237-8619.