What damages can I recover in a truck accident claim? Under the law, you can submit a claim for any of the losses you have directly related to the accident, including medical bills, lost wages, and pain and suffering.
Our Duluth truck accident lawyer can discuss the details of your claim and what damages may apply to your unique situation.
The Types of Damages Available to You in a Truck Accident Claim
Under Georgia law, you have the right to hold those who caused you harm accountable for your losses, which means filing a claim for damages against the truck driver and the company’s insurance policies.
This claim must be robust, accurate, and detailed, outlining all types of losses you have with precision and accuracy. To do that, we can focus on three types of damages you can recover in a truck accident claim:
- Economic damages: These are losses identified through financial statements and documentation. They include medical bills you face and will face in the future, lost time at work, and property damage.
- Non-economic damages: Without a statement that defines the value of non-economic damages, these are more subjective losses yet can be some of the most important to pursue. They include pain and suffering, loss of quality of life, as well as disfigurement and emotional trauma.
- Punitive damages: Though rarely awarded, punitive damages allow a judge to place additional punishment on the shoulders of the at-fault party. This often applies in situations where the truck accident was in true disregard for another person’s safety, such as in a driving under the influence case or intentional injury.
Noting that these are the most common types of damages you can pursue in a truck accident, also consider that it is up to you, the victim, to define each of the individual types of claims that fall under these categories.
With the help of your Duluth personal injury lawyer, you will gain the knowledge necessary to clearly define what happened to you and what those losses are. You will never receive compensation in a case if you do not ask the court for it, specifically and with evidence.
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Economic Damages in a Truck Accident
The most obvious type of damages in a truck accident falls into this category. If you are hit in a head-on collision, you likely went to the hospital, received medical care, suffered weeks out of work, and may even have lost your vehicle. These losses are typically documented by their value, as demonstrated by repair costs, missed hours, or other details.
- Emergency medical care, such as ambulance rides and ER services
- Hospitalization
- Surgery and other treatments applied
- Lab work and diagnostic screenings
- Medications for pain, infection, and other needs
- Physical therapy and rehabilitation services
- Long-term medical needs such as in-facility care
- Property damage to your vehicle and any other valuables within your car at the time of the accident
- Transportation-related costs, such as fees for traveling to and from doctor’s appointments
- Lost wages and benefits from being unable to work
In all of these situations, you suffered the losses because the at-fault party caused the accident. A thorough investigation into how this accident impacted your life can help to make these losses easier to understand. Do not be afraid to talk openly about these losses to your attorney.
Non-Economic Damages in a Truck Accident
Look deeper into how this accident is impacting you from a physical, mental, and emotional state as well. Non-economic damages can often be several times more than that of economic losses and yet must be carefully calculated or analyzed to ensure that you receive fair compensation. Speak to your attorney openly about how this accident is impacting your health and well-being, including your losses through:
- Loss of enjoyment in life
- Pain and suffering
- Emotional trauma and mental anguish
- Loss of relationships
- Disfigurements
- Development of post-traumatic stress disorder or anxiety
- Onset of feature or depression
- Humiliation
To determine the value of non-economic losses, you and your attorney will first calculate the value of your economic losses and then apply the multiplier method. This method assigns a severity figure to your injuries, ranging from 1.5 to 5, and then multiplies your economic losses by that figure.
The more impactful and life-changing the incident is, the higher this multiplier figure will be, increasing the value of the damages you can recover in a truck accident claim.
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Punitive Damages in a Truck Accident
As noted, punitive damages are not commonly awarded but are reserved for situations in which a judge and jury determine that the at-fault party should receive more personalized punishment. These damages aim to dissuade the party from engaging in those actions again in the future.
Though you can claim such losses with your attorney, it is up to the court to determine if such losses are warranted, which may apply in situations such as:
- Intentional injury
- Driving under the influence
- Willful misconduct of another type
- Fraud
- Malice
If you believe your case may fit this area, we strongly encourage you to seek guidance from your Duluth 18-wheeler truck accident lawyer. They can help to build evidence and document why this is. Though it is not commonly associated with most truck accident cases, it is a type of compensation some people may receive.
Catastrophic Injury Claims in Truck Accidents
A catastrophic injury is one in which your losses are more significant because your injury or the consequences of that injury will impact you for the rest of your life. These accidents include loss of vision, permanent paralysis, or traumatic brain injuries. When calculating these losses, we must look at the entire picture, including how the length, quality, and needs of your future will impact the value of your claim.
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Seek Out Legal Guidance to Fight for Fair Compensation
At Slam Dunk Attorney, we provide our clients with comprehensive support and guidance as they seek fair compensation for their losses. Set up a free consultation with our team to go over your case and get an estimate of what damages you can recover in a truck accident claim.
There is never a charge for your consultation, and if we do not win your case, you owe us nothing.
Call or text 404-951-3513 or complete a Free Case Evaluation form
