Damages for Truck Accident Victims
Truck accident cases rarely lead to litigation. But if ever it does, the plaintiff would need to have representation from a Truck Accident Attorney. In court, a plaintiff asserts his right to recover compensation from the liable party, as truck accidents can also lead to financial suffering due to its devastating effects.
These are damages awarded to the plaintiff in monetary form and mainly serve as compensation for the amount incurred by the plaintiff from the accident and the injury it resulted to. In a way, it helps the plaintiff get back to his financial, emotional, and physical condition prior to the accident. The amount of compensation is determined based on the fair market value. In truck accident cases, the following compensatory damages are paid for by the liable party.
Past and Future Medical Expenses
These are the medical bills that had to be paid to patch up the injury, and may include expenses for doctor visits, medicines, surgery, and any other treatment required. Future medical expenses are payments that are to be paid for the continuing cost of treatment for the injury or disability. Cost of medical expenses can be determined through the testimony of the plaintiff’s physician or other health care providers.
Past and Future Wage Loss
Past lost wages are income which could have been earned if not for the injury. Future lost wages, meanwhile, are income which is expected to be earned, depending on the plaintiff’s ability to do so if not for the injury. An economist or an industry expert is usually appointed to determine the amount for these damages.
Past and Future Pain and Suffering
These damages compensate for the physical and emotional distress experienced by the plaintiff because of the incident. Unlike other compensatory damages, no experts can be assigned to testify for the value of pain and suffering, and no formula can be used to determine it. However, factors such as the case’s location, severity of the injury, and the likelihood of its continuity, are often used.
Under California law, if the defendant’s conduct was proven deceitful, malicious or despicable, he may have to pay punitive damages to the plaintiff. This type of damage is intended to punish the defendant, or the wrongdoer, as well as provide an example for the rest of society. The amount of punitive damages can be determined by how egregious the misconduct that caused the accident was, and has nothing to do with the injury it resulted to. In truck accident cases, punitive damages are often paid by drunk drivers.
A Personal Injury Attorney can also help victims determine the amount of compensation they deserve to recover.