What Damages Can I Sue for in a Truck Accident?

Truck accidents often result in severe injuries or fatalities due to the sheer size and force of these massive vehicles. If you’ve suffered injuries or lost a family member in a truck accident because of someone else’s negligence or wrongdoing, you deserve justice and fair compensation for your medical bills and other losses.

As you consider your options for seeking compensation, you may wonder “What damages can I sue for in a truck accident?“

You may qualify to receive various forms of compensation to help you recover from this traumatic event and secure your future. While no amount of money can undo the pain you’ve endured, seeking damages through a truck accident lawsuit can provide the financial support you need to move forward and hold those responsible accountable for their actions.

Read on to learn of the damages you can sue for after a truck accident and how you can increase your chances of getting the best outcome possible. To get answers to your specific questions regarding your truck accident case, contact an experienced Brooklyn truck accident attorney near you for a free consultation. They can explain your options and advocate for you throughout the process to help you get the maximum compensation you deserve.

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Brooklyn Truck Accident Guide

• Understanding Damages in Legal Cases
• Factors Affecting Damages in Truck Accident Cases
• Steps to Pursue Damages Following a Truck Accident
• Contact Our Truck Accident Attorneys for Help Recovering Damages After a Truck Wreck

Understanding Damages in Legal Cases

In personal injury law, the term “damages” refers to the financial compensation awarded to an injured party (the plaintiff) for the suffering they experienced due to another party’s negligence or wrongful actions.

The goal of awarding damages is to restore the injured person to the position they would have been in if the accident had never occurred–at least from a financial standpoint. While money can’t erase the physical and emotional trauma you’ve endured, it can help alleviate the financial burdens that often accompany serious injuries and provide resources for your recovery and future well-being.

The main categories of damages you might be able to claim in a truck accident case include:

Economic Damages

Economic damages, also known as special damages, are the quantifiable financial losses you’ve incurred due to the accident. These are typically easier to calculate as they often have specific dollar amounts attached to them. Here are the main types of economic damages:

Medical Expenses

This category covers all the costs associated with your medical treatment resulting from the accident. It includes:

• Emergency room visits
• Hospital stays
• Surgeries
• Medication
• Physical therapy and rehabilitation
• Mental health counseling
• Medical devices or equipment (like wheelchairs or prosthetics)
• Future medical expenses related to your injuries

You need to keep detailed records of all your medical treatments and expenses. Your attorney can help you project future medical costs if you’re likely to need ongoing care.

Lost Wages

If your injuries have forced you to miss work, your attorney can help you seek compensation for the income you’ve lost. This includes:

• Wages lost during your recovery period
• Bonuses or commissions you missed out on
• Vacation or sick days you had to use

If your injuries will affect your ability to work in the future, you may also be able to claim compensation for loss of earning capacity. This accounts for the difference between what you would have earned without the injury and what you’re now capable of earning.

Property Damage

In a truck accident, your vehicle has likely sustained significant damage or may even be a total loss. An attorney can assist with getting compensation for:

• Repairs to your vehicle
• The fair market value of your vehicle if it’s totaled
• Rental car expenses while your vehicle is being repaired
• Personal property that was damaged in the accident (like a laptop or phone)

Future Economic Losses

Serious injuries from a truck accident can have long-lasting impacts on your life and finances. Your lawyer could help you pursue compensation for future economic losses such as:

• Projected medical expenses for ongoing treatment
• Estimated lost wages if you’re unable to return to work or have to work reduced hours
• Costs of modifying your home or vehicle to accommodate a disability
• Long-term care or in-home assistance if needed

Calculating future economic losses often requires input from medical experts, economists, and vocational specialists. Your attorney can help gather the necessary evidence to support these claims.

Non-Economic Damages

While economic damages cover your financial losses, non-economic damages (also called general damages) compensate you for the intangible ways the accident has affected your life. These damages are more subjective and can be challenging to quantify, but they’re no less important. Here are the main types of non-economic damages:

Pain and Suffering

This category compensates you for the physical pain and discomfort you’ve experienced due to your injuries. It covers both the immediate pain from the accident and any ongoing pain you may endure. Factors that can influence the amount of pain and suffering damages include:

• The severity of your injuries
• The length of your recovery
• Whether you’re left with permanent impairments or chronic pain

Pain and suffering can be substantial in truck accident cases due to the often severe nature of the injuries involved.

Emotional Distress

Truck accidents can be incredibly traumatic experiences that leave lasting psychological scars. Emotional distress damages aim to compensate you for the mental and emotional impact of the accident, which may include:

• Anxiety
• Depression
• Post-traumatic stress disorder (PTSD)
• Sleep disturbances
• Fear of driving or riding in vehicles

These damages recognize that the emotional toll of an accident can be just as debilitating as physical injuries.

Loss of Enjoyment of Life

If your injuries have significantly affected your ability to engage in activities you once enjoyed, your attorney could help you claim damages for loss of enjoyment of life. This could apply if you’re no longer able to:

• Participate in your favorite hobbies or sports
• Engage in physical activities with your children or grandchildren
• Travel as you once did
• Pursue personal or professional goals

These damages acknowledge that your quality of life has been diminished due to the accident.

Loss of Consortium

In some cases, your spouse or family members may be able to claim loss of consortium damages. These damages compensate for the negative impact your injuries have had on your relationships, including:

• Loss of companionship
• Loss of sexual relations with a spouse
• Loss of ability to provide childcare or household services

While these damages are typically claimed by a spouse, in some jurisdictions, children or parents may also be able to claim loss of consortium in severe injury cases.

Wrongful Death Damages

If you’ve lost a loved one in a truck accident, a lawyer can determine if you qualify to bring a wrongful death action and represent you during the process. These damages aim to provide financial support and justice for the surviving family and may include:

• Funeral and burial expenses
• Final medical expenses
• Loss of financial support the deceased would have provided
• Loss of benefits (like health insurance or pension plans)
• Loss of inheritance
• Loss of companionship, guidance, and emotional support
• Pain and suffering the decedent experienced before death

The specific damages available in a wrongful death claim can vary by state, so you must consult an attorney who’s familiar with the laws in your jurisdiction.

Punitive Damages

Punitive damages serve to punish the wrongdoer rather than make the plaintiff “whole.” They are not available in every truck accident case and are reserved for situations where the defendant’s actions were particularly egregious or showed a reckless disregard for others’ safety, such as:

• The truck driver was under the influence of drugs or alcohol
• The trucking company knowingly allowed unsafe drivers on the road
• There was a pattern of violating hours-of-service regulations
• The company failed to maintain their vehicles despite known safety issues
• The driver or company intentionally destroyed or falsified records

Punitive damages are subject to specific rules and caps in many states, and they’re generally more difficult to prove than compensatory damages. Your lawyer can inform you if they believe they can pursue punitive damages in your case.

Steps to Pursue Damages Following a Truck Accident

If you sustained injuries or losses in a truck accident and are considering pursuing damages, here are some important steps to take:

Documenting Injuries and Losses

Start gathering evidence as soon as possible after the accident. This includes:

• Taking photos of your injuries and the accident scene
• Keeping all medical records and bills
• Tracking time missed from work
• Documenting how your injuries have affected your daily life

The more comprehensive your documentation, the stronger your case for damages will be.

Consulting a Personal Injury Attorney

Truck accident cases often involve multiple parties, large insurance companies, and other unique complexities. An experienced personal injury attorney can:

• Evaluate the strength of your case
• Identify all potential sources of compensation
• Handle communications with insurance companies
• Gather necessary evidence to support your claim
• Accurately calculate the full extent of your damages
• Negotiate on your behalf or represent you in court if necessary

Most personal injury attorneys offer free initial consultations, so you can discuss your case without any financial obligation.

Filing a Claim or Lawsuit

Your attorney can help you decide whether to pursue an insurance claim or file a lawsuit. This decision often depends on factors like the severity of your injuries, the clarity of fault in the accident, and the insurance company’s willingness to offer a fair settlement.

If a lawsuit is necessary, your attorney will guide you through the legal process. They can file suit for you within any legal deadlines and protect your rights.

Contact Our Truck Accident Attorneys for Help Recovering Damages After a Truck Wreck

If a truck accident hurt you or a close family member, don’t delay in getting legal help to hold the at-fault parties accountable and secure the justice and compensation you deserve. The truck accident lawyers at the Rothenberg Law Firm LLP have helped thousands of truck accident survivors and grieving families obtain full and fair compensation for their injuries and losses.

Over the past 50+ years, our Brooklyn personal injury lawyers have recovered billions of dollars in total compensation for our clients. Contact us today for a free consultation and learn how we can help you maximize your financial recovery following a truck accident someone else caused.

At The Rothenberg Law Firm LLP, we work on a contingency fee basis. You won’t pay anything upfront for us to represent you, and we only get paid if we negotiate a fair settlement or obtain a favorable verdict at trial.