What Types of Damages Can Be Recovered After a Texas Truck Accident?
Driving is one of the most treacherous acts you engage in daily. This is even worse if you live in Texas and share the road with huge hazardous trucks. Trucks are among the main contributors to fatal accidents. However, if you are involved in a truck accident in Texas, you can recover damages. Victims can access economic and non-economic damages to help them overcome the traumatic event.
Economic Damages
Economic damages are compensation for monetary losses you incurred due to the accident. Note that the court verifies the costs. Among the damages that will be catered for in this category include:
- Medical bills: Understand that you can be compensated for all your medical costs if the injuries are due to the accident.
- Lost income: You also have a right to demand compensation for lost wages because of the accident.
- Lost earning capability: The injuries from the truck accident might be very severe, making you incapable of proceeding with your duties. You can push to get your lost economic advantages such as pensions.
- Loss of valuables: If during the unfortunate incident, your property was damaged, you have the right to be reimbursed.
Note that if the injuries incurred from the accident will need future medical attention, you ought to know the expenses that can be covered. Do not hesitate to get in touch with a truck accident lawyer based in Houston for an estimate of the monetary compensation you can expect.
Non-Economic Damages
These are a type of loss that is not quantifiable in monetary terms. Texas law allows you to pursue this compensation because of the injuries’ impact on your normal life. Damages that are in this category include:
- Your mental anguish
- Physical pain and suffering as a result of the accident
- You have a right to get compensation for depression or anxiety
- Associated trauma
Bear in mind that it can be more difficult to prove these types of losses than economic damages. However, all hope is not lost, as with the help of your lawyer, you can get the proof you need for a convincing case. Evidence can include your medical diagnosis regarding your mental health, videos, and pictures of the scene.
It would help to know that no specific or average amount is set aside for truck accident injuries by the judges. The amount to be paid is determined by the intensity of the injuries you’ll get from the accident. After analyzing such aspects, the jury will decide the amount they deem fit for your case.
Punitive Damages
A positive side of the trucking industry is that it is highly regulated. To prove that you are eligible for punitive damages, your lawyer will have to provide convincing evidence.
For example, your attorney can access the driver’s stump, which can help them calculate the speed used. All the information gathered will help the lawyer know whether the accident was due to the driver’s negligence. If this is the case, you’re sure to be awarded punitive damages.
When deciding on the amount that will be paid for the exemplary damages by the defendant, the jury will focus on some crucial aspects. First is the net worth of the defendant. The second aspect is the responsibility for the wrongdoing by the defendant and, finally, the nature of the offense.
The judges use punitive damages to pass a message to other truck drivers engaging in illegal actions. It would be best to know that there are caps for punitive damages in Texas. First, the amount awarded is limited to a maximum of $200,000. Also, it cannot be more than twice the amount awarded for both economic and non-economic damages.
The Bottom Line
In a nutshell, the amount you’ll be awarded for the damages is dependent on how severe your injuries are. Furthermore, contact a truck accident lawyer for help with collecting all the relevant evidence.
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