Fort Worth Truck Accident Damages
In the wake of a truck collision, people often sustain devasting injuries and damages. The damages could put a significant physical, emotional, and financial strain on someone’s life. Fortunately, those who have been injured in a collision may be able to seek compensation from the party that caused the accident.
A skilled truck accident attorney could calculate your losses and help you seek compensation from the negligent party. Speak to a lawyer today to learn about the various types of Fort Worth truck accident damages.
Understanding Economic Damages
Economic damages are also called compensatory, actual, or pecuniary damages. Texas Civil Practice and Remedies Code, 41.014 defines economic damages as the main compensatory damages intended to compensate a claimant for actual economic or pecuniary loss. The term does not exclude exemplary damages or non-economic damages. The purpose of economic damages is to ensure that the negligent person pays for the accident, not the victim.
Some examples of economic damages would be past and future loss of earning capacity, loss of household services, and medical expenses. Sustaining even a minor injury can be quite expensive nowadays. This category of damages allows victims to recover the costs of the medical care that they receive.
The reason for not lumping it altogether is because past medical expenses are the costs incurred following an accident, while future medical expenses are the cost of treatment going forward. The difference between the two is that one can easily demonstrate past medical expenses with hospital bills and receipts. Future medical expenses are more speculative in nature because one would have to account for likely treatments as well as what those treatments will cost in the future, which is why they are treated separately.
Loss of Earning Capacity
The second broad category being loss of earning capacity is similar to medical expenses in that it breaks down into two subcategories: past and future. Many people are unable to work after an accident. If the person who injured them is let off the hook by picking up the hospital bills, then the victims would still be stuck paying for their own injury if they were unable to work. That is why the law allows the injured to recover the amount of money that they lost before the trial.
At the same time, if an injury is severe enough, it can impact a person’s ability to earn a living in the future. Because of this, victims can pursue a loss of future earning capacity claim to cover the difference of what to expect to make in the future and what they would have been expected to make if that accident had not happened.
Loss of Household Services
The third broad category is the loss of household services. This may surprise people, but household services are the chores that we all take for granted that we do around our homes. Examples could include mowing the lawn, cooking dinner, cleaning, or anything else around the house that would conceivably cost money to have someone else do for them. If the injured person has the responsibility for mowing and their injury prevents them from mowing, part of the loss in the accident is paying someone else to mow the grass.
What Are Non-Economic Damages?
Non-economic damages refer to the mental toll of reliving the accident and dealing with the changed future. Texas law recognizes many forms of compensable suffering. Non-economic damages entail a more dynamic approach that requires precise execution.
The plaintiff’s truck accident attorney must prove that their quality of life has been compromised due to the injuries sustained from the defendant’s negligence.
In a personal injury case, plaintiffs can recover truck accident damages for past and future physical impairment. Physical impairment is the loss of enjoyment of life, inability to participate in sports, hobbies, or other recreational activities.
Pain and Suffering
Pain and suffering could be both physical and emotional. Again, these damages can be recovered for past and future medical pain and suffering. Lawyers rely on medical professionals and utilize them as well as the individual’s own account of how much pain and suffering they have endured and will continue to endure. They are allowed to recover damages for future pain, which is proved by submitting evidence that the injury will continue to affect them in the future.
Disfigurement is associated mostly with the affected appearance to someone after an accident. A skilled lawyer could prove this by demonstrating in court that the individual has been maimed and it happened or otherwise cosmetically affected by injuries as a result of the negligence of others.
Mental anguish can be argued if someone was part of a particularly traumatic event. Being in a devastating truck wreck can produce emotional wounds in addition to physical wounds. Usually, a psychologist or a psychiatrist will supplement the individual’s testimony with their own psychological evaluations of how the event has affected their mental state after the accident.
Loss of Consortium
Another one could be loss of consortium. These damages are recoverable if someone lost the love, affection, protection, care, and companionship of a loved one. Usually, the loved one must be a child, spouse, or parent of the injured party.
Ultimately, these damages are completely up to a jury. They can put whatever dollar amount they are so inclined. What helps a jury decide what dollar figures to attach to these losses? That largely depends on the lawyer the individual chooses and the legal strategy they use. An experienced attorney will give the client every opportunity to explain their story to the court to get the best outcome.
How a Truck Accident Attorney Could Help
When someone is involved in a truck accident due to the negligence of another, the responsible party could be responsible for paying for damages. With the help of a seasoned attorney, injured claimant’s may be eligible to recover a wide range of damages. Call today to learn more about your eligibility for Fort Worth truck accident damages.