Recovery of Damages
When a truck accident occurs, the damages and injuries can be catastrophic. If you have been injured in a trucking accident caused by someone else’s negligence, you may be able to recover compensation for a wide variety of damages. To recover fully for the damages you have sustained, your lawyer can negotiate on your behalf with the at-fault party’s insurance company, or file a lawsuit against the negligent party in court. In a lawsuit following a trucking accident, the injured party will seek damages in court. Some of the most commonly awarded damages in trucking accidents include:
Medical expenses: These often represent most of the economic losses sustained by the victim of a trucking accident. If your injuries have not resolved by the time the court case has concluded, a medical expert will be needed to establish the amount of medical expenses you expect to incur in the future. Any expenses related to injuries both directly caused by the accident and those indirectly caused by the accident may be covered, including treatment for post-traumatic stress disorder (PTSD) or depression. Any expenses needed for treatment of medical problems can be covered, including:
- Ambulance fees
- Hospital Visits
- Doctor visits
- In-home care services
- Medical devices
- Physical therapy
- Chiropractic care
- Adaptive medical devices
- Nursing care
- Inpatient treatment
- Transportation costs for medical appointments and treatments
Pain and suffering: These types of non-economic damages are meant to compensate victims for the discomfort that they experience from the injuries sustained. Injured victims may recover compensation for mental discomfort, physical discomfort, and compensation for any degradation in their quality of life or limitations on their ability to perform every day activities. Quantifying damages for pain and suffering can be challenging because it is difficult to assign a dollar value to emotional loss and loss of quality of life. An experienced truck accident lawyer will know the methods used for estimating these types of damages.
Lost wages: If you have lost income due to a truck accident and subsequent medical appointments, you may be entitled to compensation for these losses. In addition, an expert can testify how much wage loss you are likely to incur over the course of your lifetime because of your accident.
Loss of companionship: If you lost a loved one in a trucking accident, you may be entitled to damages for loss of companionship and/or consortium. If a spouse is unable to perform duties attendant to the marriage, then the non-injured spouse may be able to recover damages for those losses as well.
Special damages: This refers to any monetary losses after a wreck, for example, loss or damage of property.
Punitive damages: Injured victims may be entitled to punitive damages. These are not intended to compensate a victim for their loss, but rather to punish the wrongdoer for reckless or intentional wrongful acts. These are not available in all states and are not appropriate for every case. In South Carolina, plaintiffs may seek punitive damages in personal injury lawsuits, although they cannot demand a specific amount. The plaintiff must prove that the defendant engaged in willful or reckless conduct. In determining whether punitive damages are appropriate, the court will consider several factors, including:
- The extent and severity of harm suffered
- The degree of blame borne by the defendant
- Whether the defendant attempted or concealed the wrongful act
- Whether the defendant was aware of the risk created
- Whether the defendant was criminally charged sanctioned
- Defendant’s ability to pay
South Carolina Truck Accident Lawyers at Chappell, Smith & Arden Fight for Victims Injured by Negligent Truckers
The experienced truck accident lawyers in South Carolina at Chappell, Smith & Arden can help you make your case. To set up a free consultation, call us today at 803-929-3600, or contact us online today. With six office locations throughout South Carolina, we represent victims of truck accidents in Lexington County, Richland County, Sumter County, Aiken County, Florence County, Lancaster County, York County, Orangeburg County, Kershaw County, and Newberry County, as well as the towns of Columbia, Lexington, Irmo, Chapin, Rock Hill, Aiken, Sumter, Newberry, Florence, and Spartanburg.