Several factors could affect the value of your case, depending on the circumstances.
Those factors include:
The severity of your injury. The more severe your injury is, the more likely you are to face higher medical expenses, more time away from work, more physical pain and suffering, and a greater chance of permanent disabilities that can result in a reduction to your earning capacity.
The clarity of liability. In New York, you can be partially liable for the accident that caused your injuries and still seek compensation from another liable party. However, the value of your case will be reduced to reflect your level of responsibility.
Whether the driver was self-employed. Many drivers own their trucks and work on a contract basis, handling meeting the federal requirements on their own. Other drivers are employees of a trucking company. Because of the vicarious liability that the employer of a driver has, cases involving drivers employed by a company often present more liable parties and more insurance resources that can be accessed to compensate you.
Your own patience. The vast majority of truck accident cases resolve out of the courtroom. One common resolution to this type of case is the settlement process, in which the attorneys for both sides negotiate a compensatory amount that each side’s client agrees to. While it is not unusual to receive a settlement offer very early after a truck accident caused by driver fatigue, getting a settlement offer that fairly reflects the expenses and impacts you have incurred is another matter. Often the fairest settlement offer does not come until just before the case goes to trial.