| What
Damages May I Recover In A Truck Accident Case?
Each
State sets forth the types, and sometimes limits that a plaintiff
can recover as damages in personal injury cases involving truck
accidents. Obviously, the facts and circumstances of the particular
case will determine which measure of damages may be appropriate
in any particular case.
However, most jurisdictions allow victims of truck accidents
to recover damages for out of pocket expenses as well as damages
for mental anguish and pain and suffering. Although some jurisdictions
also allow an injured victim to recover punitive damages-
damages designed to punish a wrongdoer for particularly bad
conduct.
Out of pocket expenses usually allowed by most courts include
medical expenses, loss of wages, property damage, and rental
of a vehicle during repairs. Most States also allow an injured
victim to recover for projected future loss of wages and future
medical expenses. Courts recognize that future expenses cannot
be determined with certainty, but they cannot be based on
pure speculation.
In terms of proving future losses, the testimony of experts
is useful. The treating physician can testify about the likelihood
and cost of potential future medical expenses. An economist
or vocational rehabilitation expert can offer testimony on
the loss of future wages or earning capacity.
Losses for mental anguish and pain and suffering are harder
to quantify because these figures are based upon a monetary
value for the degree and severity of the past and future suffering
caused by the accident. Since many truck accident cases involve
devastating injuries, these numbers can be significant.
Usually, physicians, family members and the plaintiff all
testify about the degree of suffering endured as a result
of the injuries and the expected future suffering to be expected.
In addition to the elements listed above, most jurisdictions
will allow the spouse of an injured victim to recover damages
for the loss of services, society and sex which the injured
victim can no longer perform like they could before the accident.
This could include household chores like cutting the grass
that the plaintiff can no longer do on his own and must now
hire help to do it.
Many States do not allow for the recovery of punitive damages.
Those that do often limit the amount of these damages to a
specified sum. |
