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    Truck accidents often lead to severe and life-altering injuries. If you or a loved one were harmed in a crash involving a commercial truck in South Carolina, you may be entitled to seek compensation. Joye Law Firm is here to help you understand your legal options, pursue fair compensation, and begin the journey of recovery. Call us today at (888) 324-3100 or contact us online to learn more in a free initial consultation.

    What Legal Options Are Available After a Truck Accident?

    When pursuing a personal injury claim, having an attorney by your side offers critical support and insight. In the moments when you’re not sure what to do next, your attorney will help you to understand and evaluate your best options. Typically, you will have two primary options for taking legal action and pursuing a claim for compensation:

    • Settlement negotiations: Most personal injury cases start with negotiations. In most cases, they can be resolved without having to file a lawsuit. Settling a case outside of court typically results in a faster resolution. Plus , it is less stressful than having to relive your experience in front of a jury. However, settling is possible only if the insurance company representing the responsible party will accept fault and makes a reasonable offer. It’s vital to consult an attorney before accepting any settlement offer, as doing so closes the door on further legal action – even if additional damages are discovered later.
    • Lawsuit: If settlement negotiations fail or the insurance company denies liability or offers insufficient compensation, your attorney may advise you to file a lawsuit. Filing a lawsuit allows a judge or jury to decide who is liable and how much compensation you deserve. This process involves proving the defendant’s negligence and presenting evidence to establish the extent of your losses. Taking your case to court gives you the opportunity to share your story publicly and seek justice in a more formal setting

    What Damages Can I Recover After a Truck Accident?

    The term “damages” refers to the amount of money you may be awarded in a personal injury lawsuit to compensate you for the losses you suffered due to the underlying accident. To understand how pain and suffering damages are calculated in a truck accident case, it’s helpful to know the three main types of damages allowed in personal injury cases in South Carolina. They are:

    Special Damages or Economic Damages

    These compensate you for dollars-and-cents losses, such as:

    Medical Costs

    Medical expenses are among the most straightforward types of economic damages to calculate. Each time you undergo an X-ray or attend an appointment with your doctor, you receive a bill for the services.

    Our attorneys will gather all of your existing medical bills and get an understanding of your ongoing medical treatment needs. This includes assessing the costs of surgeries, physical therapy, prescription medications, assistive devices, and any long-term care or rehabilitation you may require.

    We collaborate with medical experts to project the future financial impact of your injuries, ensuring that no expenses are overlooked. Using this information, we can calculate a comprehensive and appropriate demand for compensation to cover both your current medical bills and anticipated future healthcare costs. Our goal is to secure the financial resources you need for a full recovery and to protect your financial well-being in the years ahead.

    Lost Income

    Lost income is the money you can’t earn because your injuries prevent you from working or limit the types of work you can perform. If the accident leaves you with a permanent disability, you may experience future losses of income. Even if you are able to perform a different type of job in the future, it may pay less than your current job. You may seek compensation for present and future losses of income caused by a truck accident.

    Our attorneys can help build a strong case by working with vocational experts who specialize in assessing your ability to work and earn a living post-injury. These experts evaluate factors such as your physical limitations, transferable skills, job market conditions, and earning potential to determine the financial impact of your injuries.

    Additionally, economic experts can calculate the total value of your lost income, factoring in projected future wages, benefits, and career growth you may have achieved had the accident not occurred. By incorporating this data into your claim, we aim to secure fair compensation that accounts for both the immediate and long-term financial burdens caused by the accident.

    Property Damage

    Property damage refers to the cost of repairing or replacing your vehicle following a crash. Even minimal damage will require some type of autobody shop work to repair. The insurance company representing the trucking company or at-fault truck driver should be financially responsible for the expense of repairing or replacing your damaged vehicle.car property damage

    Compensation for property damage also could cover personal property that was inside the vehicle at the time of the collision. For example, if your laptop computer or cell phone was damaged in the crash, you may seek compensation for the cost of repairing or buying a new electronic device if it’s no longer functional.

    Another important consideration in property damage claims is diminished value. Even after repairs, a vehicle that has been involved in a major accident often loses market value, as buyers may view it as less desirable than a similar car with no accident history. This reduction in resale value is known as diminished value, and you may be entitled to additional compensation to account for this loss.

     

    General Damages or Non-Economic Damages

    These compensate you for losses that are harder to assign a monetary value. Below, we’ll review some of the most common losses for which you may seek general or special damages.

    Pain and Suffering

    Pain and suffering compensation includes payment for the physical and emotional impact a person experiences as the result of a tractor-trailer accident. The physical pain or mental anguish can disrupt your life after a serious accident; the effects can be temporary or may last a lifetime. Injuries can lead to chronic pain, physical impairments, and disability. Some people can’t return to their jobs because they are physically unable to complete the required tasks.

    Many accident victims experience emotional, mental, and psychological distress that can be as debilitating as physical injuries. The effects of emotional injuries can last long after the physical wounds heal, like insomnia, PTSD, depression, and more.

    Generally speaking, there are two ways insurance companies put a dollar value on pain and suffering:

    • Multiplier method – In the multiplier method, non-financial damages are determined by multiplying the financial losses (medical bills, lost income, and other calculable expenses) by a number between one and five, depending on the severity of the pain and suffering the victim experienced.
    • Per diem method– In this method, the accident victim is given a certain amount of compensation for each day they are expected to experience pain and suffering.

    The way pain and suffering damages are calculated can vary significantly from case to case.

    Loss of Enjoyment of Life

    Truck accidents can cause serious injuries that make it impossible to do the things you once enjoyed. For example, a leg injury could prevent you from playing pickup basketball games or going dancing with your spouse.

    A hand injury could prevent you from playing a favorite musical instrument or lifting your child. A traumatic brain injury could make it difficult to concentrate on reading your favorite books. The result of these injuries is the loss of enjoyment of life, for which you should be compensated.

    Punitive Damages

    Punitive damages are intended to punish wrongdoers and discourage others from behaving similarly in the future. These damages are typically reserved for cases where the defendant’s conduct goes beyond mere negligence, such as instances of drunk driving, gross violations of safety regulations, or knowingly operating a poorly maintained or improperly loaded vehicle.

    Similarly to other types of damages, punitive damages may be brought against multiple parties. They might include trucking companies and port operators, especially if evidence shows they encouraged unsafe practices, failed to properly vet or train drivers, or ignored mandatory safety standards. Securing punitive damages often requires a strong presentation of evidence proving intentional or reckless disregard for safety. An experienced attorney can help build this case, ensuring the responsible parties are held fully accountable for their actions.

    What Factors Affect Your Legal Options After a Truck Accident?

    Your options for seeking compensation after a truck accident depend on various factors, including the cause of the crash, the responsible parties, and the severity of your injuries. Key considerations include:

    • Fault Determination: Liability in truck accidents can involve multiple parties, such as the truck driver, a trucking company, a truck manufacturer, a shipper, a repair shop, or a government entity responsible for negligent road design or maintenance, among others. A thorough investigation is critical to identify all parties who may be held accountable.
    • Insurance Coverage: Trucking companies carry high levels of insurance coverage to compensate victims, but coverage specifics depend on factors like truck weight and cargo type.
    • Comparative Fault: South Carolina’s comparative fault rules allow victims to recover compensation for losses even if they bear partial responsibility for the accident. However, the damages are reduced by the percentage of fault assigned to the claimant. For example, if you were 20 percent at fault and a jury awards you $100,000 in losses, you could recover up to $80,000.

    After a collision involving a commercial truck, it’s essential to hire an attorney experienced in these types of cases. In commercial vehicle cases, it’s common for there to be multiple parties that can be held responsible. Trucking companies and their insurers often have their own powerful legal teams dedicated to minimizing payouts and avoiding liability. They will fight aggressively to protect their bottom line, but with our experienced team in your corner, you can rest assured that we’ll fight just as hard to protect your rights and secure the compensation you deserve.

    What Should I Do to Recover Truck Accident Damages?

    The appropriate way to seek damages following a truck accident is to file a claim against the at-fault driver’s liability insurance. Commercial truck drivers and trucking companies are required to purchase higher amounts of liability insurance coverage than automobile drivers because of the greater harm tractor-trailer accidents can cause. Commercial truck insurance requirements are based on the weight of the commercial truck and the type of contents the truck transports.

    To support a claim for compensation, you will need evidence to prove that the at-fault party’s actions resulted in your injury. Our attorneys will request copies of your medical records and medical bills from your providers. If the collision affected your ability to work and earn and earn wages, we’ll help you prove your lost wages by showing the hours and income you couldn’t earn. The insurance company will review the evidence presented when evaluating whether to pay your injury claim.

    If the insurance company refuses to offer a fair settlement, we can file a lawsuit on your behalf and seek damages in court. An experienced truck accident attorney at Joye Law Firm can help you seek full compensation for the losses you have sustained

    Truck Accident Pain and Suffering Settlement and Verdict Examples

    Joye Law Firm has successfully helped many South Carolina clients secure significant settlements and verdicts, including these case results:

    • A $12 million trial verdict for a father and infant son killed in an 18-wheeler crash
    • A $6 million trial verdict for a work-related truck accident case
    • Two $3.86 million settlements for the families of two South Carolina men who were killed in a single tractor-trailer accident
    • A $2.3 million settlement for a moped rider who was struck by an 18-wheeler
    • A $1.025 million settlement for another tractor-trailer accident case
    • A $975,000 settlement for a severe back injury caused by a truck accident
    • A $375,000 settlement for a truck driver who suffered a brain injury as the result of a tractor-trailer accident

    Every case is unique, and while past results can’t guarantee the outcome of your case, they showcase our experience and commitment to securing justice for our clients.

    Contact Joye Law Firm for Support After a Truck Accident

    If you’ve been injured in a truck accident in South Carolina, Joye Law Firm is here to help. Since 1968, our experienced legal team has advocated for accident victims across the state, fighting for justice and fair compensation. We have the skills and resources to help you seek full compensation for a truck accident anywhere in South Carolina.

    You owe it to yourself to seek legal help. Our consultations are always free, and we offer a No Fee Guarantee—meaning you won’t pay any legal fees unless we successfully resolve your case. From the start, we’ll provide a clear, straightforward one-page agreement outlining our fees, ensuring there are no surprises or hidden costs along the way.

    If you sustained an injury in a truck accident due to someone else’s negligent actions, do not hesitate to contact Joye Law Firm. Call us today at (888) 324-3100.

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