After being injured in a commercial truck accident, you may be anxious to make the liable party pay for their negligence. In addition, you are struggling financially, emotionally, and physically from what you have been through.
However, the damages you can recover in your truck accident claim may not always be evident. Fortunately, you have the right to be compensated for every single loss. This includes both economic and non-economic damages. Therefore, you can get a better idea of the value of your claim when you review your damages with a truck accident lawyer.
How Do I Collect Damages for a Truck Accident?
There are multiple ways you can recover compensation after a truck accident. Generally, you will start by filing a claim with the insurance company. The insurance company will more than likely fight back. They will lose money if they pay out on your claim, so you can be sure they will be looking for opportunities to reduce or deny your rightful benefits.
One way they do this is by attempting to place unwarranted blame on the victim. Sharing fault does not prevent you from recovering compensation under Texas Civil Practice and Remedies Code § 33.001, the state’s proportionate responsibility laws. However, it does allow for reducing your injury settlement to account for your proportionate responsibility.
Insurance companies often attempt to capitalize on this to reduce their profit loss. Your truck accident attorney will handle the insurance company, so you obtain the injury settlement you are entitled to. Still, your insurance settlement may not be enough.
Whether the insurance company refuses or cannot compensate you for every loss, you may need to bring your case to court if you are not satisfied with the insurance company’s offer.
For a free legal consultation, call 877-239-4878
What Are Economic Damages?
Whether you are recovering compensation through an insurance or civil claim, you have the right to recover every economic loss. Economic damages consist of your monetarily-based damages. These include any loss that affected you financially.
For example, you may have a stack of medical bills, costs of prescription medications and co-pays, the income you lost from being unable to work, the costs of repairing or replacing your vehicle, and a variety of other economic losses.
When quantifying your economic damages, your lawyer can use receipts, paystubs, bank statements, and other financial records to prove that you should be compensated for these specific economic losses.
What Are Non-Economic Damages?
Non-economic damages are less frequently thought of. This is interesting, given that non-economic damages often have a considerable impact on truck accident victims’ lives. Non-economic damages do not have a fixed monetary value. This means they are more difficult to quantify, as there are no bank statements, pay stubs, or receipts to prove their value.
Some of the more common types of non-economic damages you could be awarded after a truck accident in Texas include:
- Loss of companionship and love
- Diminished quality of life
- Damage to your reputation
- Loss of guidance and support
- Loss of advice
- Disfigurement and scarring
- Loss of household services
These are just a few of the more common types of non-economic damages that could be awarded in a truck accident claim in Texas. First, consider keeping an inventory of how your injuries have affected your life. Then, when it is time to calculate the value of your non-economic damages, your attorney can ensure that they are evaluated appropriately.
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Can I Collect Punitive Damages After an Accident with a Truck in Texas?
Although you may be entitled to recover compensation for your economic and non-economic damages after a Texas truck accident, you may be wondering whether you have a right to punitive damages.
Many people quickly assume that punitive damages are always awarded in personal injury claims. On the contrary, punitive damages are typically only awarded in cases where the defendant’s actions were reprehensible or grossly negligent.
It is at the court’s discretion to award punitive damages, and they will do so if they want to send a message to the defendant, and the public, that the Texas civil court system will not tolerate actions like these.
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Discuss Your Right to Compensation with a Truck Accident Lawyer in Texas Today
If you hope to get compensated for your commercial truck accident insurance and civil claims, your truck accident attorney will need to carefully examine how your life has been affected by the accident and your injuries.
Find out what your damages may be worth and what compensation you can recover in your truck accident claim when you take advantage of a free, no-obligation consultation with Loncar Lyon Jenkins by calling our office or filling out our online contact form.