Truck accidents can cause major injuries and damages. According to the Texas Department of Transportation, over 34,000 a year involve big rigs. When you crash with a truck, your injuries will likely devastate and, sometimes, disable you. Over 500 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.
Types of Damages in Truck Accident Cases
There are several types of damages in personal injury cases. These include general damages, special damages, and punitive damages. On your accident, you may have compensation for any legally recognized damages.
General damages generally do not have an easily discernible monetary value. Some general damages include pain and suffering, emotional trauma, and loss of consortium. These are damages are intangible – damages you suffered but do not have an actual bill or receipt associated with them.
General damages are also applicable in a wrongful death case. General damages are those that can be generally attributed to the negligent party.
Special damages consist of losses with a known monetary value. These are losses you sustained because of the accident and have actual costs. Some examples include medical bills, medications, physical rehabilitation costs, and any other costs for which you received a bill.
While general and special damages are in place to put you in the same economic position before the accident, punitive damages from a truck accident differ. They punish the negligent party. The judge determines punitive damages, and they are not always awarded. When the at-fault party did something grossly negligent, the court may feel that the party must suffer additional punishment to deter that activity.
How Are Damages Calculated?
Tangible or special damages are easy to calculate because they have actual costs. With non-tangible damages or general damages, the calculation can be more difficult. In Texas, insurance companies try to encourage using 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 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. A catastrophic injury, such as a traumatic brain injury, could be disabling and incapable of calculating based on multipliers. Each injury is different; therefore, every case is unique with the number of damages you might expect.
A Trial is Needed in Some Cases
In some cases where the liability is not challenged, they get tried by a jury simply because the insurance company can’t fit the damages into their multiplier formula. The truck driver will often 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 from a Texas personal injury lawyer.
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!