When another person’s negligent and careless actions cause a truck accident, the responsible party can be held liable for damages. A dedicated truck accident attorney at Becker Law will help you get the compensation you need to move forward.
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The role an attorney plays in helping to recover damages for the client in a truck accident is to gather up information about their medical bills, lost wages, and medical records, work with expert witnesses who can explain the client’s injuries, and, if necessary, work with expert witnesses who can explain their economic damages. They will put those together and present them in a manner that is clear and coherent so that the jury will understand what a person has lost and appreciate and understand the damages and harm incurred. Reach out to a knowledgeable attorney to learn about the types of recoverable damages in a Lexington truck accident case.
One type of recoverable damage in a Lexington truck accident case is economic damages. Economic damages refer to monetary losses a person sustains following an accident. The damages a person can recover after a truck accident case in Louisville depends on their particular circumstances. If they have missed work, then they may have a claim for lost wages. If they have been to the doctor or the hospital and sought medical treatment, then they may have a claim for medical expenses. If a person sustains an injury that is so severe that their ability to work and earn money in the future is diminished or sometimes completely destroyed, they could recover compensation for loss of earning capacity.
If there is a wrongful death claim and the claim is brought by the estate, then funeral expenses may be recovered. If the deceased person had an earning capacity and that earning capacity is now destroyed, that could also be compensable, along with any medical bills that were incurred.
Non-economic damages are harder to calculate. The main kind of non-economic damage is pain and suffering, both physical and emotional. That includes pain and suffering one may have experienced up to the present date, along with future pain and suffering.
A family member of a person who is injured may have what is called a “loss of consortium” claim, which is purely non-economic as the loss of the companionship or relationship between the two people.
For example, if one spouse either loses the other spouse or the other spouse has a significant injury which alters their relationship, the non-injured spouse may have a “loss of consortium” claim. If a minor child loses a parent, the damages that the minor child suffers are non-economic but based on the loss of their parent’s relationship.
Non-economic damages are determined by a jury. During a trial, any damages claimed, whether economic or non-economic, will be determined by the jury. For non-economic damages, juries often consider the type of injury, the body parts that are injured, the severity of the injury, and whether the injury is permanent or temporary. They will also consider the way the injury affects a person’s life and how their life is now different.
Depending on the actions of the truck driver or the trucking company, there could also potentially be a claim for punitive damages. These types of damages are meant to compensate the injured party and are imposed to punish the wrongdoer and to try to keep others from acting in the same way that the wrongdoer acted.
The calculation of economic and non-economic damages may be involved in awarding punitive damages. A victim could get an award of punitive damages without having high non-economic or economic damages. However, if a person or a trucking company acted in a way that is reckless, then a jury could consider punitive damages. If their actions resulted in significant harm, then there is a much higher likelihood that punitive damages would be awarded based on the harm that resulted from the defendant’s particularly bad action or non-action.
Some steps attorneys take when working to recover damages after a truck accident include gathering up all the information for documentation to support a claim for damages. Sometimes the attorney can reach a settlement by drafting a demand letter and negotiating with an insurance company directly. Oftentimes, truck accident claims are litigated, so an attorney will make sure there is enough evidence that can be presented to a jury at trial.
There are many things that an attorney can do to help victims including advocating on their behalf. The attorney must convince the jury that a victim is entitled to compensation. They have to prove that the defendant was negligent and then prove what harm and damage that negligence caused. The attorney will put it all together for a jury to listen, look, and see all of the information and evidence so they can understand it, and award the person the damages that they have incurred. Call Becker Law today to learn about the various types of recoverable damages in a Lexington truck accident case.
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