If you are considering filing a lawsuit after a truck accident, you may be wondering what damages you will be able to collect. If another party was liable for your accident, you may be able to get compensation for any of your accident-related costs.
A truck accident lawyer from the Buzbee Law Firm can review the details of your case and give you an estimate of your damages. Our goal is to make sure our clients receive the fair and adequate compensation they will need to move forward with their lives.
Damages You Can Recover After a Truck Accident
Every truck accident is different because injuries and property damages are not usually the same for every victim. However, injured victims of truck crashes can easily recover some or all of the following damages if they sue the at-fault party(ies) and get a favorable verdict:
These are damages that you can quantify the costs. They include:
- All present medical expenses such as hospital stay, diagnostics, surgical procedures, medications, and ambulance rides
- Future medical expenses such as rehabilitative therapy, post-surgery treatment and care, long-term health care, transportation to and from medical appointments, and corrective surgeries (if necessary)
- Lost wages, including future lost wages and benefits
- Property damage
- Loss of ability to earn an income
- Burial and funeral costs
These are damages, injuries, and losses that you cannot put a price tag on. Because of their intangible but important nature, these can be hard to figure out. These include:
- Psychological, emotional, and mental distress
- Pain and suffering
- Physical disfigurement, scarring, or impairment
- Loss of companionship and consortium
- Loss of quality of life
While placing a monetary value on non-economic damages can be difficult, experienced truck accident lawyers can help you with that.
Although this is rare, the court might impose punitive damages where it finds that the at-fault party displayed gross negligence. The court will often determine gross negligence by considering the following:
- Proof that there was a clear indication or knowledge of significant risk and danger at the time of the truck crash
- The at-fault party, despite the glaring risks and dangers perceived, consciously proceeded to carry out their actions
In essence, the negligent driver’s actions clearly demonstrate willful misconduct, malice, or fraud. Punitive damages are meant to deter others and punish the errant driver for their carelessness.
Punitive damages are usually awarded in addition to either economic or non-economic damages. Ultimately, the types of damages that you can pursue largely depend on factors such as:
- The cause of the truck accident
- The actions or inactions of the at-fault driver or other related parties
- The severity of your injuries or that of your loved one
- The property loss involved
- The location of the accident
A competent truck collision lawyer will weigh these factors and help you determine whether to pursue economic, non-economic, or punitive damages.
Wrongful Death Damages After a Fatal Truck Accident
Ideally, immediate family members can file wrongful death claims on behalf of their deceased relative. However, some states allow certain distant relatives such as grandparents and siblings to bring a wrongful death claim.
But to file a wrongful death claim, there has to be proof that, had the relative survived the accident, the relative would have likely brought a personal injury lawsuit against the at-fault parties. This will help them recover certain damages like:
- Loss of consortium or companionship
- Loss of present and future wages and benefits
- Medical expenses brought on by the injuries sustained in the accident
- Pain and suffering by the deceased before their demise
- Burial and funeral expenses
Why It Is Important to Recover Damages After a Truck Accident
Truck accidents are almost always devastating. Therefore, barring a major miracle, victims who survive are more likely to spend a lot of time in recovery. This means that they will likely be out of work for a while because of the serious injuries they sustained in the crash.
Also, their family members and loved ones are likely to deal with the mental, physical, emotional, financial, and psychological fallout of their loved one’s injury. This is a truly terrible situation for both the injured victim and their loved ones.
Compensation for Injured Victims or Their Loved Ones
No one should have to go through or endure all that without any recompense. This is why it’s important to file a claim against all at-fault parties in the truck collision case and recover all damages.
Favorable truck accident compensation will go a long way in helping your loved ones meet their financial obligations, pay off all medical bills and debts, and protect them from financial ruin brought on by your temporary or permanent inability to earn a living.
However, the settlement amount that you or your personal representative can collect depends on the following:
- The severity of your injuries
- Current and future medical requirements and expenses
- Whether you can recover fully and how long that’ll take
- The number of parties involved –truck collision cases sometimes have multiple at-fault parties
- How much time you or the loved one need to recover fully
- The emotional, psychological, and mental impact of the accident
- If your loved one died from injuries they sustained in the truck crash
- Missed work and wages
Basically, it’s better to go over these damages with an experienced truck crash lawyer who will guide you and provide solid legal advice.
Projected Damages Cover Future Truck Accident-Related Costs
One of the reasons why truck accident cases are so tricky is because of possible future injuries and losses. For instance, it’s possible for some related injuries to show up over time in your life.
If you don’t have adequate provision for such potential issues, you may end up paying out-of-pocket for it. And by that time, it’ll be too late to file another claim. This is why you need a truck collision attorney who understands the complicated nature of truck accidents.
A good lawyer will take all these into consideration so that you’re not blindsided in the future. Truck crash victims who can file claims for projected damages include:
- Those who have suffered permanent injuries leading to paralysis, deformity, and scarring
- People who are unlikely to work in their pre-accident capacity
- Those who may not be able to work the same jobs or work for the same company
- Have their quality of life impaired by the injuries they sustained in the truck crash
Truck Crash Victims Often Live With Pain and Suffering
Although it’s hard to put a number on pain and suffering, you need an experienced truck crash lawyer who can try to do that for you. Pain and suffering damages help cover the costs associated with the mental, emotional, and physical anguish that truck collision victims often live with.
For instance, if you had a concussion during a truck crash, it can eventually lead to memory losses or traumatic brain injury. This can drastically affect your quality of life and will take an emotional, financial, and psychological toll on you and your loved ones.
A good trucking accident lawyer will weigh all these when filing a claim for truck accident damages. And they’ll appeal to the court to award a settlement that’s commensurate with both the present and future agony and distress that you’ll likely suffer.
How a Trucking Collision Lawyer Can Help You
An experienced 18-wheeler accident lawyer can help you get the compensation you deserve. This is possible because we’re familiar with what’s required to win a truck accident case. We can also guide you through the process of instituting a legal action and proving fault.
With experienced tractor-trailer accident attorneys handling your case, you can stop worrying about the outcome, and put all your energy into your recovery and getting your life back together.
We’ll help with everything from representing your interests with the truck driver’s insurance company to getting you the best settlement possible.
Do Not Speak With Insurance Adjusters Without Your Lawyer
Having an experienced truck crash attorney represent you when you’re meeting with a claims adjuster from a trucker’s insurance provider is crucial. This is because even though the claims adjuster tries to act like they’re in your corner, the truth is they’re trying to get you to collect as little payment as possible. And they’ll do this by trying to trick you into saying things that will eventually hurt your claim.
In fact, it’s important that you do not speak to any commercial trucking company’s insurance company until a lawyer is present. If you do speak to the insurance company without your attorney, you could end up losing out on a big chunk of the truck accident damages that you’d have collected.
Also, a good trucking accident attorney can help determine what the best legal option is for you. For instance, victims of some truck accident cases might get better compensation if their lawyers directly go after the trucker and other at-fault parties. While some cases are better suited to personal injury claims.
Get Help From a Truck Accident Lawyer
If you are wondering what damages you can collect after a truck accident, a personal injury lawyer can help you review your claim. Our truck accident attorney from the Buzbee Law Firm can tell you more about your rights if you or a loved one was injured.
Reach out to us today by calling us or filling out our online contact form. Truck accident lawsuits can be complex, and multiple parties may share liability. Let us handle your case so you can focus on recovering.