Truck accidents can result in significant losses for victims, both tangible and intangible. This article will explore the types of damages in truck accident cases to provide a better understanding of how compensation for truck accident victims is categorized and calculated.
Economic Damages in Semi-Truck Wrecks
In a truck crash, economic damages compensate you for the physical and tangible ways your truck crash has harmed you. Oftentimes, economic damages are items that are associated with a bill, invoice, or receipt. Because of this, economic damages usually are easier to calculate than other types of damages.
Examples of Economic Damages Include:
- Past and future medical care and medical bills
- Prescriptions
- Funeral costs
- Loss of income or lost wages
- Property damage, including car and personal items
- Prosthesis
- Modifications to make a home ADA accessible
How to Calculate Economic Damages from a Truck Accident Injury
Calculating economic damages can vary depending on where the case is filed. In most states, the truck accident victim is entitled to the "usual and customary" value of expenses reasonably incurred.
“Usual and customary” means something very specific in the terms of the law, so let’s break it down:
Let’s say Dana Driver suffered a spinal cord injury because of a load securement related truck crash. As a result, they need spinal surgery to mitigate nerve damage and paralysis. As part of Dana’s truck accident lawsuit, an expert (a doctor or similar medical practitioner) will testify that Dana’s surgery was reasonable to treat her injuries. This expert would also testify that the medical bills Dana incurred, as a result, were typical for the geographic area. This testimony would then likely be sufficient to establish that the bills Dana Driver received for her spinal cord surgery were “usual and customary.”
From lost wages to medical bills, location plays a large role in calculating economic damages. And insurance can, too. In some states, when it comes to medical bills, the amount your insurance pays out can be used to support the “customary” and “usual” value of your medical bills.
In other states, your insurance doesn’t come into evidence, but your insurance company’s subrogation clause (the clause that says when there is recovery via lawsuit, you have to pay the insurance company back), can limit the total amount of economic damages you receive from your personal injury case's defendants.
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Referrals & Co-Counsel
No other law firm knows trucks quite like us. Our trucking law expertise and trial experience allow us to win multi-million-dollar results year after year.
Involved in a Crash?
Our team of truck accident attorneys works tirelessly to help your family find justice in the wake of a catastrophic truck crash.
Non-Economic Damages for Truck Accident Lawsuits
The devastation a truck crash leaves its victims with goes far beyond medical bills and lost wages. This is where non-economic damages come in. Where economic damages exist to compensate you for the quantitative harm your truck accident caused, non-economic damages are meant to compensate you for the qualitative ways you have been injured by your semi-crash.
It can be very hard for victims of catastrophic truck wrecks to assign a dollar value to their losses when seeking compensation for non-economic damages, especially in wrongful death, paralysis, and amputation cases.
Examples of Non-Economic Damages Include:
- Pain and suffering
- Emotional distress
- Scarring or disfigurement
- Physical pain and discomfort
- Loss of enjoyment or quality of life
- Mental anguish, grief, and trauma
How to Calculate Non-Economic Damages after a Semi-Truck Wreck
If you’ve lost a loved one in an underride crash for example, it can be challenging to put a price on their life, considering their value to you, your family, and society. Moreover, several states limit the amount of money you can receive as non-economic damages. Therefore, it's crucial to seek the assistance of an experienced truck accident lawyer to ensure that you and the legacy of your loved one both receive the compensation you deserve.
Punitive Damages Can Drive Trucking Industry Change
Catastrophic truck crashes often stem from truck driver, trucking company, or broker negligence. In cases where the negligence is particularly severe, the jury may return a verdict that includes punitive damages. These damages are designed to punish the responsible parties for their gross misconduct. Moreover, they serve as a warning to others in the trucking industry, dissuading them from engaging in similar negligent and dangerous practices.
Punitive damages act as a financial disincentive, discouraging those in the trucking industry from continuing to engage in dangerous practices. The prospect of a "nuclear verdict" can be enough to deter them from such behavior. Because punitive damages can only be decided by a jury, they also send a clear message to the trucking industry that their dangerous business practices will not be tolerated by society, putting social pressure on them to change their ways.
Punitive damages act as a financial disincentive, discouraging those in the trucking industry from continuing to engage in dangerous practices. The prospect of a "nuclear verdict" can be enough to deter them from such behavior. Because punitive damages can only be decided by a jury, they also send a clear message to the trucking industry that their dangerous business practices will not be tolerated by society, putting social pressure on them to change their ways.
Recent Cases with Large Punitive Damage award amounts include:
- In August 2021, a Florida jury returned a record $1 billion verdict in a case involving two trucking companies for the death of an 18-year-old named Connor Dzion.
- In November 2021, an east Texas family received $730 million in a wrongful death lawsuit. This massive jury verdict was composed of $440 million in compensatory damages and $250 in punitive damages.
- In 2018 a New Mexico Court of Appeal upheld a record $178M verdict against FedEx after a 2011 crash killed a 22-year-old woman and her 4-year-old daughter. The prosecution team in this case was able to hold FedEx accountable for its unsafe hiring and training
- A Texas jury returned a verdict of $260M to the parents of 21-year-old Riley McPherson, who was killed in 2016 after an 18-wheeler collision. Driving over the federally permissible hour limit was a factor in this case.
How Punitive Damages in Trucking Cases are Calculated
The calculation of punitive damages varies depending on the jurisdiction and the facts of the case.
Courts consider several factors when determining the amount of punitive damages to award.
Some of these factors may include:
- The nature and extent of the defendant's wrongdoing
- The degree of harm caused to the plaintiff
- The level of awareness or intent of the defendant's conduct
- The financial resources of the defendant
- The need to deter similar conduct in the future
Ultimately, it is up to the judge and jury to decide what an appropriate amount of punitive damages looks like. And this is based on how well your personal injury attorney advocates for you and your injuries at trial.
Adding it Up: The Importance of Accurately Calculating Personal Injury Damages in Truck Crash Lawsuits
If you are involved in a truck accident, it's crucial to seek the assistance of an experienced and knowledgeable truck accident attorney. Such a professional can help you understand the various types of damages you may be entitled to recover as part of compensation for your truck accident claim.
Additionally, a skilled personal injury law firm can guide you through the complex legal process, including gathering evidence, negotiating with insurance companies, and representing you in court if necessary.
Don't wait to seek legal help after your truck accident. Contact The Law Firm for Truck Safety as soon as possible to have an experienced truck accident attorney protect your rights, help you navigate the legal process, and help you obtain the compensation you deserve.
