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How to Evaluate Your Truck Accident Settlement

September 15, 2015

Truck accidents can leave their victims seriously injured, with considerable medical expenses and lost income. The majority of truck accident cases will not go to trial; rather, both parties will agree to a settlement before the trial date. The strength of your settlement will depend on several factors, including the skill of your attorney. Some truck accident plaintiffs that elect not to use an attorney will likely settle their claims for far less than they may otherwise have received. On the other hand, truck accident cases up against a knowledgeable truck accident attorney will likely pay an exceptional settlement in order to avoid the risk of trial.

NOTE: Every case needs to be evaluated based on its unique facts and circumstances, in light of the applicable law and types of injuries that were sustained.  Further, the value of a case is determined by a multitude of factors, most of which are not included in this article.  You should not act upon this article without seeking the advice of a knowledgeable personal injury attorney.  

Evaluating a settlement is not always easy. There are several factors, among others, that can assist you in evaluating the proposed settlement and reaching a conclusion as to its fairness.

Factor Your Chances of Winning at Trial

The first thing you should consider in evaluating your settlement is your probable chance of prevailing at trial. The issue of liability is tantamount to your case's potential success. If the defendant acted in a clearly negligent manner, such driving while intoxicated or running a red light, then it is likely you would prevail at trial in regards to the question of liability. If, however, your only have a 50 percent or less chance of proving the defendant acted in a negligent manner, you might wish to consider a diminished settlement offer.

Liability will vary among cases, with some cases offering clear cut liability while others are more muddled. At times, several parties can be liable for the accident. You need to then take into account their proportion of fault in assessing the settlement value.

Consider Your Own Contributory Liability

When evaluating a settlement, you need to consider your role in the accident as well. If you had any degree of fault in the truck accident, such as speeding, failing to put on your turn signal or the like, you will need to factor this into an evaluation. If you were about 30 percent at fault in the crash, for instance, a settlement from the defendant could amount to about 70 percent of your damages.

Your goal in settlement should be reaching a figure as close to the potential judgment value of the case as possible. Your attorney will prove instrumental in calculating this sometimes confusing dollar amount.

Montlick and Associates, Attorneys at Law: Put Our Over 36 Years of Experience to Work on Your Case!

The majority of all truck accident cases will settle out of court, but you need a strong attorney to guide you towards a successful settlement. If have been injured in an 18 wheeler accident, contact the Atlanta Truck Accident Attorneys at Montlick and Associates, Attorneys at Law.

Our firm brings over 36 years of experience to your truck accident case. We offer zealous and knowledgeable representation to each injured client and their families and accept cases across Georgia and in the Southeast. Prompt action is vital to the success of your truck accident case. As such, do not delay in seeking legal assistance as your time to file a claim after your accident is limited.

Call Montlick & Associates, Attorneys at Law, 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Truck Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.