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What Damages Can I Collect for a Truck Accident?

October 15, 2023 Legal Team
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Commercial trucks are large, difficult to maneuver, have extensive blind spots, and require wide turns and extended stopping distances. They also far outweigh common passenger vehicles on the road. Injuries from truck accidents are often severe or catastrophic, causing life-altering consequences to accident victims. In 2022, 5,276 truck accident fatalities occurred in the United States, the most since 2008.

Surviving truck accident victims quickly find expenses piling up. Medical bills begin coming in while they’re still unable to return to work because of their injuries. A successful truck accident claim holds the liable party responsible for the consequences the accident victim suffers. The courts consider these consequences “damages” to the victim and award them monetary compensation as a civil remedy.

Understanding Economic and Non-Economic Damages

Damages in truck accidents and other civil lawsuits are divided into two categories, economic and non-economic damages. It’s important to understand both types of damages so you can maximize the amount of compensation you claim for your truck accident injuries.

  • Economic damages are the tangible, easily calculated monetary amounts that an accident victim suffers, such as property damage, medical treatment for injuries, and time away from work
  • Non-economic damages are intangible and more difficult to assign a monetary figure, but often even more harmful to the accident victim. Common non-economic damages accident victims experience are pain and emotional trauma

While monetary compensation can’t undo pain or heal an injury, it does open doors to the best medical care to maximize physical recovery after a truck accident. It also helps relieve financial burdens to injured individuals and their families.

In truck accident claims, the at-fault party is responsible for these damages—typically paid through liability insurance. Common at-fault parties in truck accident claims are the truck driver, the trucking company, or the manufacturer of a defective truck part.

What Damages are Available in a Truck Accident Claim?

The devastating nature of truck accidents causes tremendous property damage and grave injuries to victims. Injuries are almost always more severe to those in personal vehicles compared to truck drivers after an accident. Truck accident claims help victims recover compensation for damages such as the following:

  • Property damage
  • Medical expenses
  • Future medical expenses for ongoing treatment or home healthcare related to the injury
  • Lost wages
  • Future income loss
  • Diminished earning capacity due to accident-caused disability
  • Pain and suffering
  • Other applicable non-economic damages such as disfigurement, traumatic limb loss, PTSD, and loss of pleasure in life
  • Wrongful death benefits

These damages cause significant disruption in the accident victim’s life. Some truck accidents cause permanent disability, impairment, or death. Victims of these serious damages deserve full compensation. For deceased truck accident victims, a wrongful death claim brings compensation to close family members impacted by the loss.

Do I Have to Go to Court to Collect Damages for a Truck Accident Claim?

Experienced truck accident attorneys resolve the vast majority of truck accident claims by presenting evidence in a demand package to the appropriate insurance company to gain a settlement for the victim’s damages. Only when an insurance company denies a valid claim or seriously underestimates does the claim progress to a lawsuit in court when the victim’s attorney files a lawsuit within the state’s statute of limitations for personal injury lawsuits. Florida’s statute of limitations for car and truck accident cases is 2 years from the date of the accident.

Rest assured, with the extensive experience at Shapiro | Delgado | Hofmann, these attorneys are committed to achieving the best possible outcome for their clients, whether through negotiations or in the courtroom. Contact our truck accident attorneys in Sarasota and Bradenton today by calling (941) 954-4000 or filling out our online form.