What Damages Can I Receive After A Truck Accident?| Sally Morin Personal Injury Lawyers

What damages can I receive after a truck accident? The damages that you can receive after a trucking accident are actually very similar to what you can receive after a regular traffic accident, but I'm just going to run over them quickly so that you have a general understanding of each one.

So the first one, and maybe the most obvious one, is your medical bills. So anytime you're in an accident and you need treatment for injuries that you sustained in that accident, all of the medical bills, what you're paying out of pocket, anything that's not covered by your insurance, all of that is recoverable from the at-fault party. So you want to make sure you're keeping track of those, keeping a record of any copays, out of pocket deductibles. All of that stuff is recoverable.

The second one that is most obvious to people is lost wages, and that can involve both the past and the future. So let's say you need to have a surgery in a year. You can recover the wages that you're going to lose when you have that surgery, as well. You can also recover what's called loss of earning capacity. So if you sustained a very catastrophic injury or a brain injury or something that makes it so you're not able to perform your prior job, you can also make a claim for what we like to call loss of earning capacity.

The next thing is called loss of consortium, and this is something that's actually for the spouse of the injured person and not the injured person himself. This type of damage covers things like loss of affection, companionship, support, marital relations, all of those things are available to the spouse of the injured person through the loss of consortium damage.

The next thing is pain and suffering. And this is something that is hard to put a dollar figure on, like loss of earnings and medical bills, but it is a huge part of your personal injury settlement, and in situations where you have catastrophic injuries, which are pretty common in trucking accidents, the pain and suffering is going to be very high. This also includes stuff like physical disfigurement, scarring, anything like that usually plays into the pain and suffering section of your damages.

The final thing you can have in a trucking accident is something called punitive damages. And this is a type of damage that's meant to punish the person who was in the wrong and to deter other people from making the same mistake. This is not something that you can get in every case, and you do need to meet a series of facts to prove this part of the damages. An example is if the truck driver or the trucking company knew or had reason to know that there was a high probability that some kind of action that they were doing or a failure to act would result in injury, that can qualify them for punitive damages.

This is also sometimes called the complete indifference or conscious disregard for the safety of others. And you're going to be looking for facts like the driver was speeding 20 miles over the speed limit to make a deadline, or the trucking company knew about a driver violating their hours of service and let it happen anyway, or the trucking company failed to properly screen their drivers in the hiring process, or maybe it could also be the trucking company has a practice of not inspecting and maintaining the vehicles, and that is what caused the accident. In those situations, you might be able to get punitive damages, in addition to the other damages that I discussed.

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