Illinois Truck Accident Compensation Explained

Truck accidents are among the most dangerous types of motor vehicle collisions. Semi-trucks, delivery trucks, tractor-trailers, and other large commercial vehicles are significantly heavier than most other vehicles. When accidents occur, the weight of trucks turns them into forces of destruction. Those hurt in truck accidents often face life-altering injuries or even death.

If you are involved in a truck accident, your life could be turned upside down because of your injuries. A long recovery period may be in store even if you can return to your prior state of health. Fortunately, truck accident victims can file compensation claims to cover their losses.

Let’s discuss the types of compensation you can obtain in a truck accident claim and how to secure a settlement.

Types of Compensation Available for a Truck Accident Claim in Illinois

The purpose of a truck accident case is to seek compensation for legal damages. If the incident was not your fault, you have the right to pursue legal damages as long as you can prove that the collision was more likely than not the other party’s fault. You can claim several types of compensation during a truck accident case.

Economic Damages

Economic damages are one category of legal damages. You would pursue these damages to be compensated for tangible financial losses. Typically, economic damages are more easily calculated. Here are a few examples of economic losses you could be compensated for after your truck accident.

Medical Expenses

One of the primary compensation sources in an insurance claim or personal injury lawsuit is medical costs. These are costs associated with your injury and the necessary recovery. Medical expenses may include medical bills for hospital stays, doctor visits, surgical procedures, rehabilitation costs, and medications.

If a medical professional testifies for your claim, you can claim compensation for future medical expenses required for ongoing treatment.

Lost Wages and Earning Capacity

If you suffer severe injuries in a truck accident, you will likely miss work. Unless the accident occurred while you were working, making you eligible for workers’ compensation, you will need the settlement from an insurance or personal injury claim to cover those losses. This compensation covers lost wages.

You may still be out of work at the time of your claim. If so, you can seek fair compensation based on future earning capacity. This would also apply if your injuries have resulted in lifelong changes that diminish your ability to work. Essentially, you are being compensated for lost wages in the future since the truck accident made you less capable of working.

Property Damage

If your vehicle or other property was damaged by a truck accident, you can also recover costs for repairs or replacements. Often, property damage is covered by your insurance company or the at-fault truck driver’s insurance company.

However, if that liability coverage is insufficient to cover the total cost, an additional truck accident lawsuit could obtain the extra compensation needed to pay for repairing or replacing your property.

Other Out-of-Pocket Expenses

A truck accident can have other consequences that force the victim to pay for out-of-pocket expenses. For example, if your injuries result in a long-term disability, you may pay for home renovations to make the house more accessible.

You may need assistive devices to help you accommodate your injury or pain. If you require ongoing medical treatment, you may incur transportation costs traveling to and from health clinics. A truck accident settlement can cover these expenses.

Non-Economic Damages

The second category of damages is non-economic losses. Non-economic damages are more challenging to quantify because they represent intangible losses. You can still be compensated for them, but you will need a personal injury lawyer to help you assess their impact on your life. Here are some examples of common non-economic damages in truck accident settlements.

Pain and Suffering

A devastating truck accident will have consequences beyond the monetary costs. Your injury may cause ongoing physical pain even if you fully recover from the damage. The trauma of the accident and the impact of your injuries can lead to emotional distress or mental anguish.

For example, traumatic brain injuries could cause victims to suffer emotionally. These effects can be considered when calculating a potential truck accident settlement. You may need testimony from doctors or mental health professionals to support your pursuit of these non-economic losses since they are focused on the emotional impact of the collision.

Loss of Enjoyment of Life

Life can look immensely different after a bad truck accident. Your catastrophic injuries may prevent you from participating in hobbies, activities, or social interactions you typically enjoy.

Even if the physical damage from the accident does not stop these moments, the emotional trauma of the event could ruin your enjoyment of them. Loss of enjoyment of life is a consequence that could be included in your settlement.

A skilled truck accident lawyer will know how to demonstrate the accident’s total impact on your enjoyment of life.

Loss of Consortium

Loss of consortium refers to the impact of an injury or death on a victim’s relationship with their spouse or close family member. The injury from your truck accident could affect your relationship with your loved one, making your circumstances less enjoyable because of the wreck.

Emotionally, trauma from the accident could also damage your close relationships and alter your sense of companionship and support. Truck accident claims that involve serious injuries or death can include compensation for loss of consortium.

Punitive Damages

Punitive damages are less common than economic and non-economic losses. A judge usually levies them against defendants in truck accident cases involving egregious conduct. This type of compensation punishes the defendant for terrible behavior to prevent the incident from happening again.

When Punitive Damages Are Awarded

Most truck accident claims will not include punitive damages in their settlements. They are only used in rare cases involving gross negligence, recklessness, or intentional misconduct.

For example, if road rage caused a truck driver to veer into your lane and cut you off, causing an accident, the truck driver’s negligence could be considered intentional misconduct. This would result in punitive damages against them.

Factors That Influence Compensation Amounts

Truck accident compensation depends on numerous factors. If you want to maximize your compensation, working with a truck accident lawyer is necessary. This legal professional can assess all damages to include in your compensation request. Here are some elements that will impact your truck accident compensation.

Severity of Injuries

The extent of the injuries will be crucial in determining the average truck accident settlement. More severe injuries, such as spinal cord damage or brain injuries, are more likely to require future medical care, so the costs associated with medical bills will go up.

Additionally, significant injuries will greatly impact your lifestyle after the truck accident, resulting in more non-economic damages. A bad injury will also force you to miss work for a more extended period, resulting in a claim for more lost wages and future earning capacity.

Overall, the extent of your injury will significantly impact your settlement amount.

Liability and Fault

Compensation from your truck accident case will also depend on liability and fault. Depending on your state, a degree of fault may be assigned to each party involved in the truck accident. If the truck driver is more at fault, you will have a better chance of winning a settlement.

However, in comparative fault states, your degree of fault will also affect how much compensation you receive. If you were 30% responsible for the crash, you can still collect damages, which may be reduced by 30%.

Personal injury cases and insurance claims depend entirely on liability, so you will need an experienced lawyer to help support your side of the case for maximum compensation.

Insurance Policy Limits

Compensation will also depend on the policy limits of the insurance company. Insurance companies for all parties may be involved in these settlements, but they can only cover what their policies allow. An insurance claim is often enough to cover all damages in minor truck accidents.

However, the worse your injuries are, the more likely your damages exceed a policy limit settlement. This might mean a lawsuit is necessary to recover a fair settlement amount that addresses all your losses.

Strength of Evidence

The success of your truck accident case depends on the strength of the evidence you provide. You may have thousands or even millions of dollars in assessed damages, but your settlement amount will be limited if you cannot prove they exist and the accident was someone else’s fault.

As you pursue your case as a truck accident victim, focus on the quality and quantity of evidence. You need solid data to back your claim, but that information must be compelling.

One piece of solid evidence could turn a case in your favor, such as dash cam footage that proves the truck driver was at fault for the accident. You also need proof of the damages you have suffered, which may require medical records, doctors’ notes, therapy bills, expert testimonies, or medical care bills.

The Role of a Truck Accident Lawyer

Whether you are pursuing compensation for pain and suffering, future medical expenses, lost income, or post-traumatic stress disorder, you will need experienced legal representation to increase your chances of winning a settlement. Here are a few reasons why you need truck accident lawyers from a reputable law firm to handle the case.

Maximizing Your Compensation

An experienced truck accident lawyer knows how to maximize compensation for an injured victim. They will investigate the truck accident, gather substantial evidence to support your claim, negotiate with insurance adjusters for fair compensation, and protect your rights.

Without their legal experience, you will struggle to maximize your compensation, especially if you have no experience with personal injury claims.

Handling Complex Truck Accident Claims

Truck accidents can be highly complex. You may be facing opposition from the trucking company, stubborn truck drivers, insurance companies, or teams of lawyers representing the defendant. This further complicates your case if multiple parties are involved in the collision.

Rather than be overwhelmed by the complexities of your claim, work with an experienced truck accident lawyer who can guide you through the process legally and successfully, giving you the best chance of a fair settlement.

Secure Expert Legal Counsel!

The right truck accident attorney can make a significant difference in your pursuit of compensation for legal damages. You can include many losses in your lawsuit, but assessing them and gathering evidence to support them is better left to the legal experts.

The team at Rosenfeld Injury Lawyers has vast experience with cases involving truck accidents.

Our skilled law firm has battled against trucking companies, insurance companies, and defense lawyers for many clients, helping them pursue the compensation they deserve for their suffering. We can do the same for you, whether you are filing an insurance claim, defending yourself against false accusations, or pursuing a personal injury case.

Call our law firm today at 888-424-5757 or complete the online form to request a free consultation with a Chicago truck accident attorney.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.