2. Injuries: The severity of your injuries will play a role in the value of your personal injury case. If you've suffered significant harm, you're likely to have a stronger case. Proper diagnosis of severe injuries can require examination and treatment by a neurologist, a neuropsychologist, a pain management doctor, a life care planner, and more.
3. Insurance coverage: The availability of insurance coverage can also impact your case. For example, commercial trucking companies are required to carry higher levels of insurance coverage than personal vehicles, so there may be more insurance money available to compensate you for your losses. Furthermore, a large trucking company will have assets that are recoverable above and beyond the coverage of their insurance.
4. Evidence: Gathering evidence can be critical to the success of your personal injury case. This might include photographs of the accident scene, eyewitness statements, and medical records documenting your injuries. The ECM or "black box" on a commercial motor vehicle may have a recording of the "physical events" which occurred immediately prior and during your wreck, including swerving, braking (or failure to brake), and the speed of the driver.
5. Statute of limitations: In Texas, you generally have two years from the date of the injury to file a personal injury lawsuit.
It's also important to keep in mind that personal injury cases involving commercial trucks can be complex and often require the assistance of a knowledgeable attorney. An attorney can help you understand your legal rights and options, and can represent you in negotiations with the insurance company or in court, if necessary.