To operate their trucks, semi-truck drivers must fulfill specific requirements and get a unique license. Large trucks are particularly hazardous on the road due to their size and weight. Therefore, their drivers must take extra care to guarantee the safety of those around them.
When they don’t, their careless or irresponsible actions may result in serious injury. The circumstances of your case and the severity of your injuries will determine the types and quantities of damages you are eligible to receive after a truck accident. If you are entitled to financial compensation, you may file a claim for economic damages, non-economic damages, or both in order to restore your financial stability and further your healing process.
The truck accident attorneys at Gatti, Keltner, Bienvenu & Montesi can help seek the appropriate amount of damages after a truck accident.
What Are the Types of Damages?
When it is established that a defendant has broken a duty to a third party or violated a legal right, victims are entitled to financial compensation known as damages. In a trucking accident, damages can be substantially greater than in a regular car crash case. Damages for personal injuries might be general, specific, or punitive.
Both general and specific damages are regarded as compensatory damages, which means they work to make up for the losses suffered by victims. These damages for injuries are commonly called “economic” and “non-economic” damages.
Punitive damages, the third category of damages, may be granted when egregious carelessness results in harm. Punitive damages are much less frequent than general or special damages in personal injury litigation.
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What Economic Damages Can Be Collected After a Truck Accident?
In a truck accident claim, economic damages, also known as special damages, must be proven in order to be compensated. Economic damages are relatively simple to quantify in an insurance claim and can be shown in actual dollars. The most frequent financial hardships associated with truck accidents include medical costs, missed pay, property damage, transportation costs, and legal costs.
In the event of a truck accident, you are entitled to compensation for any accident-related medical expenses. From immediate care on the scene to long-term care and all in between, medical bills can cover it all. Truck accident victims must visit a doctor as soon as they can after the truck accident in order to document all medical damages.
Victims will likely require immediate medical attention because the majority of truck accidents result in very catastrophic injuries. Receiving the required care is crucial for insurance claims. This is particularly significant since it provides a sense of the severity of the injuries and demonstrates to the insurance provider that the injuries are severe enough to warrant medical attention.
One may be able to recover compensation for lost wages if their injuries prevent them from working. Any truck accident victim should take note of this because lost work time reduces the amount of money available to cover immediate accident bills and living expenditures. Someone may also be eligible to get compensation for “loss of earning capacity” if their injuries prevent them from returning to work in the same function.
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What Non-Economic Damages Can Be Collected After a Truck Accident?
Economic damages are treated very differently than non-economic damages, sometimes known as general damages. Since non-economic damages are intended to make up for the physical or mental pain endured as a result of the accident, they do not have a predetermined monetary value. Non-economic damages examples include physical or emotional suffering, diminished quality of life, mental agony, scarring or other physical deformities, fear, anxiety, or humiliation.
These damages can be very valuable, but they are challenging to estimate and establish without a lawyer. An attorney will calculate the worth of non-economic damages in addition to economic damages using a specific formula.
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What Damages Can Be Collected for a Wrongful Death Suit After a Truck Accident?
In a wrongful death case, damages often fall into two similar categories: economic and non-economic. The first category allows for compensation for losses incurred by the deceased from the time the negligent conduct that caused their death occurred until their passing. For instance, in the event of a truck accident, this would include the period of time from the collision to the deceased person’s final demise as a result of their accident injuries.
The specific damages in this category may consist of medical costs, the deceased’s mental and physical pain and suffering, lost wages, funeral and burial costs, as well as other costs. The losses incurred by immediate family as a result of the deceased person’s passing are included in the second broad category of damages. The purpose of this category of damages is to make up for the financial losses suffered by the family.
The lost wages that would have been earned up until the deceased person’s projected retirement are often included in the damages under this category.
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Are Punitive Damages Available After a Truck Accident?
Punitive damages may also be recovered in some truck accident cases. Punitive damages are intended to punish the wrongdoer and deter future misbehavior, not to compensate the injured party. Usually, only when the wrongdoer’s acts demonstrated fraud, malice, or willful wrongdoing are punitive damages available.
Punitive damages could be granted to the victim, for instance, if the truck driver was intoxicated at the time of the collision.
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Can Legal Fees Be Collected in a Truck Accident Claim?
Most of the time, you can recover the costs of engaging your truck accident attorney in your settlement. This covers both legal advice and court-related legal services. Fortunately, the majority of truck accident attorneys, like Gatti, Keltner, Bienvenu & Montesi, only charge their costs once your case has been won.
You will not incur any upfront expenses or dangers as a result. Legal fees are considered economic damages. Proof of the losses must be presented in order to get these economic damages.
The overall costs of the damages being sought must also be calculated. It is best to consult with a knowledgeable attorney who has experience constructing truck accident cases because doing it on your own is difficult, if not impossible.
Contact the Truck Accident Attorneys at Gatti, Keltner, Bienvenu & Montesi
The wrongful death and injury lawsuits involving truck accidents are handled on a contingency basis by the truck accident lawyers at Gatti, Keltner, Bienvenu & Montesi. No fees are due until we are successful in winning a verdict or settlement on your behalf, according to our Memphis truck accident lawyers. Contact our truck accident lawyers by phone or online right now.