If you or a family member is recovering from a truck collision, you could receive various types of compensation that can help you pay your medical bills, replace the income you lost while recovering, and compensate you for any pain and suffering you endured. If you have questions about which damages qualify for reimbursement, you can contact a personal injury attorney.
Truck accidents can become complicated quickly. Truck accident lawsuits can be against multiple parties, including the driver, the transportation company, the insurer, or even a parts manufacturer. More than one party could be liable for the injuries you suffered. When a case can have these types of complications, an attorney that handles truck accident claims may be a good choice.
Types of Personal Injury Damages in Texas
In Texas, you can file a claim or lawsuit to recover economic and non-economic damages if you are in a truck accident. The state recognizes both types of damages for personal injury claims. Economic damages are those itemized lists of receipts you can total and give an accurate number of your losses. Examples could be your hospital bills, prescriptions, and car repairs.
Your non-economic damages are not hard to prove; just a little more challenging to come up with a good number. These are intangible losses like pain and suffering, anxiety, or post-traumatic stress disorder (PTSD) you develop after the crash. Juries and attorneys have a couple of acceptable ways of determining this value. Your attorney will use your economic damages as a factor and negotiate your non-economic losses.
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Economic Damages You Could Recover After a Truck Accident
You could collect various losses that are in the category of economic damages. Here are some typical economic damages and their explanations commonly seen in truck accident cases.
Medical expenses can be a large part of your economic damages. You may have many hospital, doctor, and prescription bills directly related to your accident. Your injuries may take a significant amount of time to heal. Your medical expenses should include the accounts you have today and cover any future medical costs you are likely to incur.
You can be reimbursed for lost wages due to your recovery time. This includes any missed work but also any future lost wages. Have your injuries affected you so that it will decrease your ability to make an income in the future? Does your job require you to do physical labor that you will no longer be able to perform? Will you potentially make less money in the future because of your injuries?
Loss of Household Services
Loss of household services could mean many things, but in this sense, have your injuries affected your ability to perform basic household chores? Have you lost a spouse or other family member who regularly performed these services for your home? Do you now have to pay out of pocket for things you were able to accomplish yourself before the truck accident?
Non-Economic Damages You Might Collect in a Truck Accident
Though non-economic damages don’t have a finite price tag, you have experienced loss. If you have pain, it causes you loss of enjoyment of life for each day you endure it. These losses have a value. Attorneys, judges, and juries have several acceptable methods to come to a reasonable figure to cover your non-economic loss. Here are some typical non-economic losses you might see in a truck accident case.
Often, an agreement is made to use a multiplier to help determine the overall non-economic damages for a claim. While Texas Civil Practice and Remedies Code § 74.301 caps non-economic damages for medical malpractice at $250,000, there is no cap for non-economic damages in a truck accident case.
Typical Non-Economic Damages in a Truck Accident Claim
- Pain and suffering
- Emotional trauma
- Mental anguish
- Physical impairment
- Loss of consortium
This list is not all-encompassing. Loss of consortium applies if you have lost your spouse or partner in the accident. You have lost that valuable social and emotional support. If scarring or other disfigurement causes you not to be able to go out, and do the things you used to do, then loss of social function can also be included. Be sure to discuss everything you are going through with your attorney.
Where Can I Find Help With My Truck Accident Claim in Texas?
Truck accidents can be terrifying experiences. If you have recently survived a truck collision, we can review the types of compensation you can get for your accident-related injuries and losses. Call Clay Jenkins & Associates for a free consultation where you can learn more about your legal options.
Texas law limits your time to file, according to Texas Civil Practice and Remedies Code § 16.003. The legal time limit you have to file on personal injury claims in Texas is two years from the date of your accident. The sooner we can talk with you, the sooner we can start working for you. Reach out to us today.