Being in a trucking accident, involving an 18-wheeler or large commercial truck, typically results in substantial damage to you and your vehicle. Regardless of who is responsible – the truck driver, trucking company, or some other party, you should be entitled to compensation for your injuries and other losses. Which types of damages you can recover and whether or not there are any limits, depends on the laws of the state where the accident occurred. This article will mention a few of the most common damages following a trucking accident, for which you may be able to seek compensation.
Following a truck accident, one of the most common damages individuals incur is medical expenses. The law generally allows you to seek compensation for any medical expenses from doctor visits, surgeries, hospital stays, physical therapy, or medication related to an injury. Also, because many injuries require prolonged or even lifelong care or treatment, you may be entitled to compensation for the estimated cost of future medical care.
Lost Wages and Loss of Earning Capacity
It is also quite common for people to miss time at work because of their injuries. Whether it is because of doctor’s visits, the need to recuperate, or both, you may be entitled to compensation for the wages you lost as a result of missed days at work. Another aspect of earning compensation is loss of earning capacity. Depending on how severe or long-lasting your injuries are, if you are unable to return to work at all, or if you can only continue working in a limited capacity, then you may also be entitled to compensation for how those injuries affect your future earning capacity.
Pain & Suffering or Mental Anguish
The terms “pain and suffering” and “mental anguish” refer to the physical pain and emotional suffering that is very common following any type of accident, including truck accidents. Each state has its own laws regarding these types of damages, and some impose limitations on recovery. Be sure to consult with your personal injury attorney to determine whether you can make a claim for these types of injuries.
Loss of Consortium
Many states recognize another form of damages for the victim’s immediate family, known “loss of consortium.” The purpose of loss of consortium damages is to compensate a victim’s family members for certain benefits they are no longer able to receive from the victim because of his or her injuries. For instance, a wife may be entitled to compensation for loss of companionship, affection, sexual relations, and other benefits of a marriage, when her husband is injured in a truck accident.
Another common category of damages is punitive damages. This type of damages is not actually tied directly tied to a specific loss suffered by the victim. Instead, punitive damages are awarded as punishment and as a deterrent to others. Punitive damages are not available in every situation, so it is important to discuss the possibility of punitive damages in your case, with your personal injury attorney.
If you have questions regarding damages in truck accident cases, or any other personal injury issues, call the Cottrell Law Office at (888) 433-4861.
He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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