What is considered fair monetary settlement for being hit and forced off the road by an 18-wheeler, which is a company truck driven by the owner?

I cannot answer how much a "fair monetary settlement" would be for your accident without a lot more information. A person is entitled to be "compensated" for all injuries and damages they sustained in an accident. There are a number of factors that determine what a case is worth, including, but not limited to: the nature and extent of the injury; whether an injury is temporary or permanent; medical expenses; lost wages; and pain, suffering and inconvenience. If an injury is permanent, a person may be entitled to additional money for some or all of these items. Your age also plays a factor if an injury is permanent. You should be entitled to money for all of your medical treatment, money for not being able to go on motorcycle rides with your husband and for any or all of the other items listed above. Without knowing more about these items I cannot answer your questions.

Under Michigan law, you have 2 separate claims; one for the medical bills, medical milage, household replacement services, and lost wages. The other is for pain and suffering. To collect for pain and suffering, you need to prove that your injuries constitute a "serious impairment of body function." This requires objective medical evidence, like xrays, CT scans, MRI's, EMG's. In addition, you need to establish that your quality of life has suffered. If you can prove those things, then the jury will tell you what your claim is worth. If you do not or cannot go to the jury, then the case is worth what the other side is willing to pay and what you are willing to accept.

There are a multitude of factors which starts with the amount of your medical care to date, the nature and severity of your injuries, which sound very significant and prognosis from your health care providers. Typically, you cannot evaluate case value until you either treat to a point where you feel like you have returned to pre-accident status or your doctor indicates you have permanent injuries. Based on your description you are not there yet and keep in mind you have 2 years post accident to file suit, but given the size of the at fault party's policy to recover reasonable value you will need to retain counsel.

In Florida, recoverable damages, as a result of a motor vehicle accident, are of two basic types - economic damages and non-economic damages. The first type of damages, economic damages, basically consists of medical bills and wage loss which have not been paid by your insurance, primarily under your Personal Injury Protection ("PIP") coverage. Economic damages include not only your past (unpaid) medical expenses and your past (unpaid) wage loss, but also your reasonably anticipated future medical expenses and your impairment of future earning capacity which basically means the amount by which your ability to earn money in the future has been impaired by your accident-related injuries. The second type of damages, non-economic damages, consists of damages (both suffered in the past and which you can reasonably be expected to suffer in the future) which are subjective and the value of which is often times difficult to estimate. These non-economic damages consists of pain and suffering, mental anguish, inconvenience, impairment or disability, and loss of the ability to enjoy life's pleasures. In order to be entitled to any non-economic damages, the injury suffered must basically entail death, serious permanent disfigurement or permanent injury (other than serious permanent disfigurement). Any award of money damages will be reduced by the injured person's comparative negligence, such as carelessness which contributes to the accident, if any, and payments made by collateral sources, such as medical insurance coverage you might have available to you. In terms of estimating the value of your damages, there are many variables. Several of the important factors regarding the "value" your claim are the extent and severity of your injuries (based on objective diagnosis scans, such as MRI, x-ray or CT scans); whether your diagnostic scan findings are considered to be "degenerative" or "traumatic" in nature; whether you have any prior or subsequent trauma which might be the cause or at least a contributory factor regarding your injuries; the type and duration of your treatment, e.g., chiropractic or medical/osteopathic doctor managed care; whether you have undergone or had surgery recommended; whether you have had pain management injections; whether you have gaps in your treatment, e.g., long periods of time when you were not being treated; your medications and whether you take them regularly; the extent of the property damage to your vehicle; whether you have had an "independent" or "compulsory "medical examination and, if so, the results of that IME/CME; the experience and reputation of your attorney; the insurance company and adjuster with whom you are dealing; and many other factors. As you will no doubt appreciate after reading these above comments, given the general nature of the information you provided, it is not possible to give you an opinion regarding the settlement value of your claim.

There are so many different variables that must be known when trying to determine the value of a case. A detailed review of the medical records and medical bills is a very important aspect of this evaluation. Additionally, if you are continuing to have problems, then your future treatment will need to be considered.

The value of the case is determined by the severity of your injuries, and it sounds like you indeed did have some severe and potentially permanent injuries. You should discuss all this with an attorney before you accept any form of settlement. There is no set or scheduled amount.

There are many factors to consider in what would be a fair settlement. In your case, the biggest factor, insurance coverage, is not an issue. It may be helpful to think about what it would take someone to offer you to voluntarily go through what you are going through. If they will not pay it, consider retaining a lawyer to file a lawsuit. Below is my standard response to your question. Sorry for the canned response, but I have had to answer it so often that I decided to put it down in writing o that I would not have to type the same thing over and over. I am often asked by individuals who have been injured in an accident to give an opinion as to what would be a fair settlement in their case. Often, they give me a brief description of their injury, such as, I suffered two broken ribs, or I am now suffering back pain, or I hurt my leg and had to have surgery and give no further details. I cannot possibly give an opinion as to the value of their case without more information. I find myself repeating over and over some of the information set out below. The information below is an attempt to shed some light on what an accident injury victim should consider in determining a fair settlement. However, presenting damages to an insurance adjuster, and ultimately to a jury, is an advanced and complicated task. It not adequate to simply say I'm hurt, describe your injury, and then hold out your hand and ask for money. I have practiced law since 1985, and still attend seminars and read books on the subject of presenting personal injury damage claims to juries. The information below will not be enough to make you a personal injury attorney, but hopefully will enlighten you regarding some factors that should be considered on evaluating your claim. Maximum Medical Improvement First, one needs to understand the concept of Maximum Medical Improvement (MMI). MMI is the point at which the condition of an injured person is stabilized. No further recovery or improvement is expected even with additional medical intervention. Basically, a condition is at maximum medical improvement if it is not believed that the condition will change or progress. In laymen's terms, this is often referred to a being released by the doctor. This term is most often used in the context of a worker?s compensation claim. An inquired employee usually receives temporary benefits until reaching maximum medical improvement. However, it also has significance in general personal injury cases. Insurers for at fault drivers, manufacturers of unsafe products, owners and operators of unsafe premises, and doctors guilty of malpractice do not normally make incremental payments as medical bills and lost wages are incurred. Rather, these insurers normally settle claims with one payments, which represents the final settlement. For this reason, the accident victim must have evidence of all past and future damages to present to the adjuster. This means it is premature to begin evaluating your claim before you reach MMI because you do not yet know how much your medical bills will be, nor do you know how severe the injury will ultimately be - which is the main factor in damages for pain and suffering ? until after you have reached MMI. After you have reached MMI, four basic factors that should be considered in evaluating your case are 1) special damages, also known as tangible damages, 2) severity of the injury, 3) duration of the injury, and 4) insurance coverage. Special Damages Special damages which are also sometimes called tangible damages include the cost of medical treatment (medical bills) and lost wages. Special damages are somewhat objective and easily ascertainable. You simply add up your medical bills and determine what wages you would have earned had you not been out of work due to your injury. The insurance adjuster or opposing attorney may quibble over some of your numbers, claiming that you have been overcharged by your doctor, or that some medical procedures

Hard to say without knowing all of the facts of how the accident occurred, the amount of the medical bills incurred, whether or not you lost time from work, whether you will lose work in the future as a result of the accident, whether you will require future medical treatment as a result of the accident, and whether your injuries are casually related to the incident in question or due to a pre-existing or degenerative condition.

Has nothing to do with ownership or wheels. The key is how bad hurt are you. What does the doctor say? How much are yourr bills? Do you have any permanency? See a good lawyer and don't try to do with an insurance professional by yourself. He will crook you if he can.

In the State of Louisiana, there is a one year statute of limitations applicable to claims for damages arising from injuries caused by the negligence of another person. What this means, in the context of vehicular collision in Louisiana, is that, within one year from the date of the wreck, a person injured as a result of a vehicular collision who seeks to recover damages caused by the wreck, must either settle his/her claim for damages with the negligent party and his insurer or file a lawsuit against the negligent party and his insurer seeking the recovery of damages, failing which, the claim for damages will be forever barred. As for the value of a personal injury damages claim in Louisiana, each claim stands on its own and is based on the specific facts of the case, including the nature, severity and extent of the injuries suffered, the past and future physical pain and suffering, the past and future mental pain and suffering, the residual impairment and disability, the past and future medical treatment required for the injuries, the past and future medical expenses incurred or to be incurred, past and future loss of wages and/or loss of future income earning capacity, loss of enjoyment and quality of life, scarring and disfigurement, property damages and other incidental damages and losses causally related to the collision and injuries caused by the collision. Additionally, claims for damages are also evaluated by surveying jurisprudence/caselaw to obtain a range of damages awarded by the Louisiana courts in cases involving similar injuries.

The statute of limitations for a personal injury case in Oregon is two years. Go see a personal injury attorney about this and take along a letter from your primary doctor setting out a brief statement of the nature of your injuries. Also, get a copy of the accident report from the police so the lawyer can see if the truck driver was cited.

They should pay all out of pocket medical expenses, travel to medical providers, lost wages, loss of earning capacity, etc. If a doctor says you have a permanent injury, you are also entitled to non-economic damages: pain and suffering, loss of enjoyment of life, mental anguish. Your spouse may also have a loss of consortium claim. You have one chance to recover all damages for the rest of your life.

Yes, there is plenty of liability coverage. It's a clear liability / no comparative fault case. General damages for pain, suffering and disability are a result of considering multiple factors, including the nature and extent of the injuries, and treatment needed, lost earnings / earnings capacity, pain, suffering, disability and loss of enjoyment of life activities, past and future. What is your age and life expectancy if you have a permanent impairment? What is the degree of impairment? What activities are you limited in doing, or can't do any longer? If there is surgery involved / probably will be surgery done, then it's a bigger claim, than if no surgery is involved. It's hard to say what the value of your claim is without more specific information.

There is no way of saying for sure what fair compensation would be. Every human being is different, and juries vary in their sympathies. (Although most cases are settled before trial, you still may have to prepare for one in order to get the best compensation.) That having been said, you may very well have a substantial claim. The statute of limitations for negligence is 3 years. Please consult a personal injury lawyer very soon, and lay out all the facts. Good Luck.

Probably a lot but your question is simply too general for me to answer specifically. I would need to know a lot more about the injuries, treatment, and negative impact on your life and person before I could give a range of value.

There is no way for me to give you an accurate opinion about the value of your personal injury claim based on this information. Each claim is independent and the law is designed to provide full and fair compensation for all the harms and damages you have suffered. This includes past and future medical bills, past and future age loss, permanent injury, pain and suffering, loss of quality of life, etc. If you have an attorney, I urge you to consult with the attorney on this issue. If you do not have an attorney, you should consult with a personal injury specialist in your locale.

Sorry to hear about your accident. The settlement amount, in a personal injury case such as yours, really depends on several factors, which includes but, is not limited to the nature & extent of your injuries, the amount of medical bills & lost wages you have incurred, your age, how severe your injuries are/were, *etc.* Using such information, your lawyer that is, assuming that you have hired one to handle your case should be able to give you some idea of the average personal injury settlement amount that a victim in such a case would receive.

You should hire a personal injury attorney to file suit on your behalf immediately.

You should not attempt to settle your case until you have completed all your medical care or before the statute of limitations. If the accident happened in California and it is a private trucking company the statute of limitations is 2 years from the date of your accident. In addition it is unlikely that the trucking company will settle for any reasonable amount without you first filing a lawsuit and/or hiring an attorney.

Fair value for a case like the one you described depends on your husband's long term prognosis. Will he require a surgery? How will this injury affect him in the future? These are crucial questions. I would suggest you consult with an attorney who is experienced in claims involving trucking companies.

Fair compensation would include the amount of your medical expenses, loss of earnings, other specific out of pocket expenses, and what is called "general damages." General damages are meant to compensate for the impact the accident and injuries have on your life both short term and long term. The amount of general damages is not standardized and that is the main reason for personal injury lawsuits. When the parties and their insurance companies simply cannot or will not agree on a settlement, they let a jury decide. A jury is allowed to consider the evidence presented concerning the nature and extent of the injuries, the fault for the accident, the impact on the person's life including daily activities and relationships. They are not limited to decide within the insurance coverage and they can award zero if they believe it to be appropriate.

Your type of injury does not result in a large damage award. I do not know what your medical bills come to, but this will drive the demand amount.

Sounds like you have significant injuries for which you are entitled compensation. Your damages include not only your pain and suffering, loss of enjoyment of life, any permanent disability, any lost wages, past medical expenses and future anticipated medical expenses. Your spouse also has a derivative claim for loss of consortium, such as your inability to go on motorcycle trips, chores and other routines you can no longer do or do as well as you could before you were injured. The insurance company will try and low ball you and get you to settle early before you realize how badly you are injured. This is a serious claim that you should have an attorney working on for you.

It is difficult to evaluate your case without knowing the nature of your injuries. What you have provided is not enough to fairly evaluate your case.

You really need to hire an attorney to maximize your recovery in the case. If you have a surgical spinal injury your recovery should be in the hundreds of thousands of dollars.