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Truck accidents can cause major injuries and damage. According to the Texas Department of Transportation, there are over 34,000 accidents a year involving big rigs. When considering the types of damages in a truck accident case, it’s important to recognize that your injuries will likely be devastating and sometimes disabling. On average, over 600 people each year lose their lives due to truck crashes in Texas.
Because the injuries can be extensive and the recovery period lengthy, the costs associated with medical treatment can be astronomical. Victims of truck accident injuries may be owed money for their medical expenses and other damages.
There are several types of damages in personal injury cases. These include economic damages, Non-economic damages, and punitive damages. In your accident, you may have compensation for any legally recognized damages.
Economic damages refer to losses that are easily calculable. The damages must have been sustained as a result of the accident. Each has an actual cost associated with that damage. Examples would include:
Non-economic damages are those that are difficult to quantify. They are human damages. Some examples of non-economic damages include:
In cases of a fatal accident, non-economic damages cover things such as emotional trauma and devastation.
While general and special damages are in place to put you in the same economic position you were in before the accident, punitive damages from a truck accident are different. They punish the negligent party. The judge determines whether punitive damages are awarded, and they are not always granted. When the at-fault party did something grossly negligent, the court may feel that the party must suffer additional punishment to deter that activity.
Tangible or special damages are easy to calculate because they have actual costs associated with them. With non-tangible damages or general damages, the calculation can be more difficult. In Texas, insurance companies typically encourage the use of a basic multiplier for damages, such as pain and suffering. A multiplier is only a starting point for calculating damages, however.
The multiplier used by the adjuster ranges based on the severity of the injury. A simple soft tissue injury in which full recovery occurs might be assigned a multiplier of one to three, while a catastrophic injury, such as a traumatic brain injury, could be disabling and might be incapable of calculation based on multipliers. Each injury is different, and therefore, every case is unique, with varying levels of damage you might expect.
In some cases, where the liability is not challenged, it is tried to a jury simply because the insurance company can’t fit the damages into their multiplier formula. More often than not, the truck driver will contest liability, even when it is clear he was at fault.
If you or a loved one suffered a serious injury due to a truck accident in Texas, you need experienced legal assistance.
Call skilled commercial vehicle accident attorneys to discuss your accident in a free initial consultation.
Call (281) 893-0760 for an injury case consultation- there is never a charge for a case consultation!
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