When a large commercial truck collides with a passenger car, the results can be catastrophic. Truck accident injuries often require expensive treatment and long-term care. Many victims are unable to go back to work right away ─ or ever again. The financial toll can be devastating.
That’s why victims have the right to seek compensation from the at-fault party(s). You shouldn’t have to pay for medical bills and other expenses resulting from an accident that was not your fault. Nor should you have to struggle financially if you’ve been forced to miss work due to the crash. An experienced truck accident attorney can help you demand the justice and fair compensation you are owed.
To learn more about your legal options, contact a Texas truck accident compensation lawyer at the Law Offices of Michael J. Gopin, PLLC, for a free consultation.
Types of Compensation in a Truck Accident Claim
These are some of the types of losses for which you may seek compensation:
- Medical bills: Any immediate medical costs associated with the treatment of your truck accident injuries are eligible for compensation. This may include ambulance transportation costs, hospital or ER visits, surgical costs, prescriptions, and any other necessary treatments.
- Future treatment costs: Future treatment expenses you may incur due to your injury may also be covered. Costs like this often include the expense of future check-ups, physical or mental therapy, durable medical equipment like wheelchairs or canes, home modifications for accessibility, and private home care.
- Lost income: If you are seriously hurt and unable to return to work after your accident, you may be able to recover compensation for any resulting wage losses. Make sure you keep track of this time and save previous pay stubs as evidence.
- Lost earning potential: Sometimes, you may be unable to return to work for a significant period or incapable of performing your previous job duties as a result of your accident. In these cases, you may be able to claim damages for lost earning potential.
- Pain and suffering: Pain and suffering are subjective, so many insurance providers calculate these damages based on other compensatory damages like medical bills and lost income.
- Losses related to wrongful death: If you lost a loved one in a truck accident, you can pursue compensation for the wrongful death. These claims compensate surviving relatives for losses such as the lost wages, support, and inheritance that the deceased could have provided if he or she had lived, as well as the mental and emotional suffering of any survivors.
Different Types of Damages
After a truck accident, you could be eligible to seek fair compensation for your losses, otherwise known as “damages.” These will generally be divided into three main categories:
- Economic damages are based on actual dollar amounts of real-world expenses. These expenses are typically accounted for with bills, receipts, and invoices from costs related to the treatment of injuries or other harm. Common examples of economic damages include medical bills, at-home care, therapy, property damage, and lost wages.
- Non-economic damages are more subjective and more difficult to calculate. These damages are awarded for immaterial losses that are not easy to represent with exact dollar amounts. For example, it’s hard to put a price on the pain and suffering you have endured.
- Punitive damages are rare and are only awarded in cases of extreme negligence or wrongdoing. Punitive damages are granted separately from economic or non-economic compensation and are designed to punish wrongdoers for their actions. Texas law caps punitive damages at either $200,000 or two times the amount of economic damages awarded in a case, whichever is greater. The maximum is $750,000. If the truck driver in your accident case committed a felony, then the damages cap may not apply.
Factors That Can Affect Your Truck Accident Compensation
It’s difficult to predict the exact value of your claim without a thorough investigation. However, the following considerations will play a role as your claim is evaluated:
- Did you sustain serious injuries? The more severe the injuries, the more medical bills you will likely have. The compensation you receive should cover all past and future medical expenses.
- How limiting are your injuries? If your injuries prevent you from moving around, working, or living as you did before the wreck, you may be entitled to more compensation.
- What kind of insurance coverage is available? Many policies have a maximum payout amount, which could limit the compensation you receive.
- Who or what caused your accident? If a truck driver was entirely at fault for your accident, the driver’s insurance provider, the employer’s provider, or another related commercial entity might be responsible for paying damages. If you contributed any fault to the accident, however, your compensation may be reduced accordingly based on your percentage of responsibility.
Contact an Experienced El Paso Truck Accident Lawyer
If you’ve been involved in a truck accident, you may have a right to seek damages. But compensation is not guaranteed. The attorneys at the Law Offices of Michael J. Gopin, PLLC, have the skills and experience necessary to hold those responsible for your accident accountable. You can trust that we will demand the full compensation you deserve.
Our knowledgeable lawyers have represented thousands of clients throughout El Paso and surrounding Texas areas. We do not charge any fees unless we win, and we offer consultations free-of-charge. Contact us now for your free case review.