Truck Accident Compensation | Shaffer & Shaffer

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Shaffer & Maximizing Payment for Your Big Rig Truck Injury

After you’re hurt in a big rig accident in West Virginia, of course you want to know what kinds of payment you can get.

This is crucial in rebuilding your life from this wrenching episode and looking forward to a better future.

The law allows you to recoup many different expenses that result from getting hurt by an irresponsible truck driver—from the costs of your injuries themselves to the impact on other parts of your life.

You don’t want to overlook something you may be entitled to receive, so get an experienced semi-truck accident law firm to uphold your rights.

The West Virginia truck wreck lawyers at Shaffer & Shaffer have over 200 years of combined legal experience.

You can reinforce your effort to reach full financial recovery when you have a team—the team of Shaffer & You.

On this page we’ll discuss what you can win compensation for after an accident with an 18-wheeler. The exact amount you receive will depend on the specifics of your case.

Shaffer & Shaffer helps West Virginians from our offices in Charleston and Madison.

Since 1909, Clients, Community, Commitment.

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Help for Other Accident Cases

Payment You Can Pursue with Help from a Truck Wreck Lawyer in West Virginia

The most common type of truck accident payment in West Virginia personal injury law is called “compensatory damages.”

As the name suggests, it’s meant to compensate you for losses from a big rig truck injury.

Compensatory damages come in two forms:

Economic Damages: Recouping money you lost thanks to the truck accident
Non-Economic Damages: Payment for the emotional and personal toll of your injuries

ECONOMIC DAMAGES MEAN:

Reimbursement of medical bills
Coverage for any equipment or assistance you need due to disabling injuries
Payment for ongoing medical treatment you’ll need
Lost income from work you missed, since the wreck and in the future
The cost of your damaged or destroyed vehicle

NON-ECONOMIC DAMAGES MEAN:

Payment to recognize the pain and suffering you’ve endured
Compensation acknowledging your emotional trauma from the accident
Economic support for permanent disability
Monetary awards for permanent scarring or disfigurement
Payment for your loss of ability to enjoy life like you did before the wreck
Compensation for a spouse for a decline in the companionship you’re able to provide after injuries, called “loss of consortium”

For non-economic damages, you can’t get a receipt or bill showing the cost. It’s an open-ended and tricky thing to calculate. A skilled truck wreck lawyer negotiates for you to receive the most support possible.

There’s one other type of truck accident compensation in West Virginia that’s not tied to the costs you bear thanks to your injuries.

It’s called “punitive damages,” and it’s meant to punish the negligent truck driver or trucking company, not just to repay you for your losses.

The idea of punitive damages is to discourage the responsible parties, and anyone else, from behaving recklessly again, showing by example that the costs of negligence are great.

Winning punitive damages is rare, though. It requires proving an extreme level of dangerous behavior on the part of the trucker who hurt you. That could include driving drunk or driving with hostile aggression.

What types of truck accident compensation could you get in your particular case?

Get a free case evaluation from Shaffer & Shaffer to find out.

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What Are the Limits on Truck Accident Compensation in West Virginia?

West Virginia is different from a lot of states because its laws don’t put any caps on how much you can collect in economic damages (medical bills, lost pay), but there is a $5 million limit on non-economic damages (pain and suffering) for a truck accident case.

That means awards for injured drivers and passengers can be high. But courts might not approve compensation that’s out of line with past similar cases.

Punitive damages have a hard limit in West Virginia. They’re calculated at four times the amount of compensatory damages or $500,000, whichever is greater. Again, punitive damages only factor into unusually egregious cases.

There’s another way your payment for truck accident injuries can be limited: if you were partially at fault in the wreck.

West Virginia, along with many states, has a concept called “comparative negligence,” which means both sides of an accident can share a portion of the blame.

You must be no more than 50% responsible for the accident to receive any compensation at all.

You might be partially responsible if, say, you were distracted or speeding at the time the big rig hit you, even though the truck driver was mostly at fault.

Your percentage of responsibility reduces the compensation you collect. For example, if the truck driver was 80% responsible, but you have 20% responsibility, you would get 80% of the money you otherwise would have received.

Judges and juries decide how to portion out the blame in a truck wreck case.

Your big rig accident attorney from Shaffer & Shaffer looks out for your best interests as the legal system decides on your compensation.

A trucking company may try to run over your rights. Make sure you have an experienced lawyer protecting your ability to win compensation.

This is how you get paid for your own financial security and for those who depend on you.

Shaffer & You: Why Work with Us?

Everyday West Virginians can get legal help from one of the most established and respected law firms in the state: Shaffer & Shaffer. Our firm is over a century old and still going strong because we put the needs of our clients first—always.

Have a Question about Personal Injury Claims?

After a life-altering accident, you’re understandably upset, confused and full of questions. To help you get a sense of what’s next, we’ve prepared answers to common questions about personal injury claims and other legal cases.

Injury FAQs »