What are damages in truck accident cases? Truck accident damages include any financial, physical, or emotional loss a person experiences as a result of another person’s or company’s negligence. If you can demonstrate that another entity caused your injuries or losses, you can file a claim for those damages from the at-fault party’s insurance provider or by filing a lawsuit against the defendant.
The burden of proof for all damages in a truck accident case is on the victim, meaning you need to know what damages you incurred and their value. Speak with our Richmond truck accident lawyer today.
Economic Damages in a Truck Accident Case
Economic damages are often the most obvious initial losses because they typically have documentation, such as receipts or evidence of missed earnings.
Economic damages are typically identified by the financial impact they have on you and your recovery. Some examples of economic damages in a truck accident case that The Pendleton Law Team has seen include the following:
- Medical expenses: Any and all medical costs involved in the accident are recoverable, including emergency transportation to the hospital, hospitalization, medications, surgeries, and rehabilitation for your injuries and any related complications
- Future medical costs: Anticipated future rehabilitation needs and expenses, costs for in-home help, cosmetic repair procedures, and future medication costs
- Loss of wages: Compensation to recover any income you did not earn as a result of missing work, including your salary and wages, but also bonuses you missed, promotions you did not receive, and changes to your benefits.
- Loss of earning capacity: Victims with disabling injuries may not be able to return to work and may receive compensation for changes in their earning capacity
- Property damage: Recovery of damages from repairs to your vehicle or, if the insurance company totals your vehicle, compensation to replace it
In a truck accident case, documenting these injuries and losses accurately means having evidence that clearly substantiates all of your claims. Your truck accident attorney in Richmond from The Pendleton Law Team will gather information from all resources to gain clarity on all aspects of your life impacted by these accident losses.
Non-Economic Damages in a Truck Accident Case
Non-economic damages are losses sustained by the victim and others as a result of the truck accident, but are less clearly valued.
These losses are typically more subjective, meaning what you think they are worth may not be what others do. Though more complex to value, they are still highly critical losses you need to seek. Examples of non-economic damages in a truck accident case include:
- Pain and suffering: Compensation for any current or previous physical discomfort, chronic pain, or soreness you suffered as a result of the accident
- Emotional distress: This includes compensation for the psychological impact of the accident on your mental health, including the onset of conditions such as post-traumatic stress disorder, depression, anxiety, and loss of sleep
- Disfigurement: Many victims suffer disfigurement if they have significant scarring or changes in their physical appearance from the accident, including from burns, amputations, surgeries, or other changes that cause an impact on self-esteem
- Loss of enjoyment in life: These damages aim to help you if you suffered changes to your ability to enjoy life as you used to, often involving the inability to engage in hobbies, play sports, or engage in other recreational activities
- Loss of consortium: This type of damage claim aims to help you receive compensation for changes to marital relationships, loss of affection, changes to relationships, loss of intimacy, and loss of companionship
Non-economic damages in a truck accident are some of the most important types of losses you can recover because these funds help you cover the ways your injury has affected your future. They help you get financial support when your future is no longer the same due to the actions of a truck driver, trucking company, or other at-fault party.
Maximizing your claim is critical to having the funds you need for your future. Talk to the attorneys from The Pendleton Law Team today.
Punitive Damages in a Truck Accident Case
Punitive damages are not traditional forms of compensation but rather are a type of punishment levied against the at-fault party and awarded by the court for their specifically egregious actions. Under Virginia law (§ 8.01-38.1), victims can be awarded punitive damages as extra money to punish bad behavior, but the value is capped at $350,000. The jury or judge will not award more than this.
To receive these damages, it must be shown that the at-fault person was extremely reckless in their actions against you and that they displayed a conscious disregard for safety. In a truck accident case, you may be able to show this in several ways, but the burden of proof can be high.
For example, a truck driver who was under the influence of alcohol or drugs, proven by a blood test or breathalyzer by police, could face punitive damages because of their actions. While you should not count on receiving punitive damages since they are rarely awarded in truck accident cases, they are an important type of compensation you may be owed.
With the help of your truck accident lawyer from The Pendleton Law Team, you will gain better insight into your rights to fair compensation and the steps you can take to prove that the driver, or other responsible party, was engaging in malicious or intentional actions that put you at risk.
Seek The Guidance of Our Truck Accident Lawyer to Recover Damages in Your Case
At Christina Pendleton & Associates, P.C., we provide our clients with the resources necessary to build a strong claim that outlines every type of loss they have and backs up the value and fault involved with evidence. This can prove to be essential in complicated cases where truck accident evidence can be hard to obtain.
Work with our truck accident lawyer to determine what damages you are owed in a truck accident case. Seek a free consultation from our team to learn more about your rights.
