Truck accidents are some of the most fatal accidents in the United States. Given the size and the weight of these vehicles, they tend to cause very catastrophic accidents that leave victims with several damaging effects.
If you or a loved one has been in a car accident, you will need to hire a good attorney who will help you determine liability and file a claim. Truck accident laws vary from state to state. Therefore, when looking for an attorney, ensure you hire one from your state because they know the state’s laws and how the courts work.
Having the right attorney is crucial to your claim. An experienced Gibbs and Crivelli attorney will work with experts to determine the at-fault party, calculate your damages, and ensure you get maximum compensation. Here are some of the damages that you can claim:
Economic Damages
These damages are easier to calculate because they include a victim’s financial losses following the accident:
- Lost wages
- Medical expenses including medical appointments, physical therapy, home medical supplies, at-home nursing care, mental health care, and future medical bills
- Loss of earning capacity
- Funeral expenses
- Out-of-pocket expenses like transport costs to and from the hospital, modifications to your residence due to the accident, and more.
- Damages to property
Your attorney will review and calculate all the past, current, and future expenses incurred by the injuries. They will need to have good documentation and evidence to prove your claim and justify the number of damages they ask from the liable party.
Non-Economic Damages
Not all effects of an accident are tangible. Victims have a right to claim any damaging effects of their accident that are not directly connected to a financial loss. However, these damages are harder to prove, and you will need to work with an experienced attorney to know how much to claim. These damages include the following:
- Pain and suffering
- Scarring
- Emotional distress
- Disfigurement
- Disability
- Mental anguish
- Grief and emotional counseling
- Trauma
Victims or their family members have a legal right to receive fair compensation after a truck accident, and this should include all the damages suffered.
Punitive Damages
These damages are in addition to the economic and non-economic damages. The court only awards them under certain circumstances. The court has to determine whether the at-fault driver was malicious, reckless, or aggressive in any way.
Victims or their family members are not guaranteed a certain amount of punitive damages. The award will depend on the state laws, court, and the circumstances around the case. The plaintiff will also need to prove the value of their financial, psychological, and physical damages. Courts also award punitive damages to punish or make an example of the negligent party for their actions.
Proving Negligence in a Car Accident
To claim damages, attorneys have to prove that the at-fault party was negligent and their actions caused the accident. Proving injuries or other damages is not enough. Your attorney may have to work with experts to recreate the accident and prove the driver was negligent. They have to prove that the driver or at-fault party had a duty of care, breached their duty of care, and as a result, caused an accident.
Talk to an Experienced Truck Accident Attorney
Being in a truck accident can be a deadly and traumatizing experience. The aftermath can leave victims or their family members with a substantial financial burden. This is why it is necessary to contact an experienced truck accident attorney who will ensure that the at-fault party is held liable and you get maximum compensation for the damages.