Truck accidents can result in excruciating pain, severe injuries, costly healthcare bills, lost income, and emotional damage that lasts for years (or a lifetime).
Fortunately, you can rightfully claim compensation for your losses if you were not at fault for the collision. Your ability to recover damages after a vehicle accident depends on the actual losses you sustain.
You can obtain three primary damages in a truck accident case: economic, non-economic, and (occasionally) punitive damages. Besides these, you might be eligible to pursue compensation in a wrongful death case if you lost a loved one due to a vehicle accident.
This post will discuss each of these damages in detail. Read on to understand the damages you can pursue after a truck accident in North Carolina and how a Wilmington car accident attorney can help.
Economic Damages You Can Collect for a Truck Accident
In New Carolina, you must provide evidence of economic damages to recover compensation in a truck accident claim. Monetary damages are easy to quantify and may be demonstrated in dollar value.
Here are the typical financial losses you could experience from a vehicle accident.
Medical costs
In the event of a truck accident, you are eligible for compensation for any accident-related medical expenses. These may consist of the following:
- Emergency medical care
- Hospital stay
- Prescription medication
- Physical therapy
- Long-term or future medical treatment
You must visit a doctor immediately following your truck accident to prove your injuries and associated medical costs. You’ll likely require immediate medical attention because most truck accidents result in traumatic injuries.
Receiving the required care is crucial for your insurance claim because:
- It provides you with a sense of the severity of your injury
- It demonstrates to the insurance provider that they are severe enough to warrant medical attention.
If you put off receiving all the necessary medical care, the insurance provider can attempt to refute the severity of your injuries. Ensure you are also adhering to all of your doctor’s treatment recommendations.
If you don’t do this, the truck driver or their insurer can argue that you did not take all reasonable steps to minimize your damages. Similarly, keep thorough records of all medical expenses you incur.
Lost wages
You could be entitled to compensation for lost income if your injuries (or the psychological effects of your disabilities) prevent you from working.
Any truck accident victim should take note of this since lost work time reduces the amount of money available to cover immediate accident bills and living costs.
You can also be eligible for compensation for “loss of earning ability” if your injuries prohibit you from returning to work in the same position. If this relates to your case, talk to a knowledgeable truck accident attorney as soon as possible.
Property damage
It is common for cars to be totaled following a truck collision. Even at modest speeds, a collision with a big truck can cause significant catastrophic damage.
After a truck collision, you may be able to recover damages for your car—either for repairs or, if it was totaled, for replacement.
Property damage includes personal items destroyed in the accident, such as electronics, jewelry, prescription glasses, etc. Take into account every piece of property that was damaged in the accident.
Legal fees
You may often recover the cost of hiring a truck accident attorney in your claim. This covers both legal advice and court-related legal services.
Fortunately, most truck accident attorneys only charge you if they get you a settlement; you only pay after winning the case. You won’t incur any upfront expenses or risks as a result.
You must present proof of your losses to get these economic damages. It would be best if you also determined the overall cost of your damages.
But doing this on your own is difficult, if not impossible. So, consult a knowledgeable attorney with experience developing truck accident cases.
Non-Economic Damages You Can Collect After a Truck Accident
Economic damages are treated quite differently than non-economic damages. Since non-economic damages are intended to compensate for the physical or mental pain you endure due to the accident, they do not have a predetermined monetary value.
Here are some examples of non-economic damages:
- Physical or emotional pain and suffering
- Mental anguish
- Disfigurement
- Loss of enjoyment of life
- Fear, anxiety, or humiliation
The value of these damages can be high, but they are difficult to estimate due to the lack of a financial component.
There’s no standard cost for what any of these damages mean to an individual since one person’s level of loss of enjoyment of life may not be the same as another’s.
How, then, do judges or juries determine how much compensation someone should receive for non-economic damages? They often consider the following:
- Assertions made by the victim detailing their pain and suffering
- Remarks made by the victim’s relatives or friends that express their perspective on the victim’s pain and suffering
- Evidence of the victim’s reduced quality of life as a result of the injuries
- Evidence that the victim can no longer engage in activities or hobbies with the same level of satisfaction as they once did.
An experienced car accident attorney can help you prove your non-economic damages. Your attorney will use a complex formula to calculate the worth of your non-economic and economic damages to negotiate the deserving compensation for you.
Wrongful Death Damages After a Loved One Dies in a Truck Accident
If your loved one dies in a truck accident, you or other family members can file a wrongful death claim to recover damages such as:
- Pain and suffering endured by the deceased before death
- Lost wages and benefits
- Loss of consortium
- Medical expenses from the deceased’s previous injury or illness
- Funeral and burial costs
Punitive Damages Are Available in Some Truck Accident Cases
You may recover punitive damages in some truck accident situations. Punitive damages are intended to punish the culprit and deter future misbehavior, not to compensate the injured party.
These damages are only available when the wrongdoer’s acts demonstrate malice, fraud, or willful misconduct.
For example, a victim may receive punitive damages if the truck driver was intoxicated during the collision.
Factors That May Affect the Damages You Can Collect in a Truck Accident
Knowing the factors that could impact the damages you can pursue is beneficial. The settlement amount may depend on several factors, including who was at fault and the gravity of the accident.
North Carolina is among the few states that apply ‘pure’ contributory negligence doctrine. That means if you were involved in an accident in North Carolina, and the court determines that you were even 1% at fault for the collision, you can’t claim compensation for any damages you suffered.
You must also detail how the truck collision has changed your life. If not, you may not receive compensation for all damage kinds. That may force you to pay for any further collision-related costs out of your pocket.
Having a highly skilled Wilmington car accident attorney on your side can help ensure you are not assigned more blame than you deserve for the collision and that the defendant does not avoid responsibility.
Talk to a Wilmington Car Accident Attorney Today!
Your truck accident settlement amount will depend on the total damages you are eligible to receive. You should be aware that the insurer will attempt to reduce the amount of your claim.
It pays to hire a knowledgeable Wilmington car accident attorney immediately after the accident. At Legal Giant, we link car accident victims with the best lawyers to help with their claims.
Our partner attorneys in Wilmington have years of experience handling truck accident cases and will do everything to get you maximum compensation.
Don’t wait! Contact us at (855) 740-5024 for a free consultation today.
