A successful truck accident injury claim in Texas can result in damages paid for your related injuries and losses. Damages is the legal term for financial compensation. You may know that you are eligible for the reimbursement of your medical costs and vehicle repairs after a truck accident; you may not realize, however, that you could also recover for pain and suffering. Learn more about this category of damages to make sure that you request the full value of your claim.
What Types of Damages Can You List as Pain and Suffering?
Pain and suffering is also referred to as noneconomic damages. This is a type of financial award available to cover a plaintiff's intangible losses associated with the accident. Truck accidents are not only about economic losses such as hospital bills; crash survivors also suffer a significant amount of personal grief, distress and anguish. The civil justice system allows victims to seek financial compensation for these losses, which may include:
- Physical pain and suffering
- Permanent scarring or disfigurement
- Lost physical capabilities
- Emotional distress
- Trauma
- Mental anguish
- Post-traumatic stress disorder
- Anxiety or depression
- Diminished quality of life
- Loss of daily enjoyment of life
- Loss of consortium
- Grief over wrongful death
Another word for noneconomic damages is general damages. It is given this term due to the fact that the average plaintiff will reasonably suffer these losses in such an accident. This is in contrast to specific damages, which is the term for the exact economic losses associated with a truck accident, such as medical bills and lost wages.
Proving pain and suffering is more difficult than proving economic damages. You will not have receipts giving an exact value for pain and suffering. Instead, proving this type of loss will take evidence such as witness testimony, testimony from your therapist or psychologist, a medical diagnosis for a mental health condition, photographs, videos, and an injury journal.
What Is the Average Pain and Suffering Award in a Truck Accident Case?
The pain and suffering associated with a truck accident can be immense. Many truck accidents are catastrophic due to the size and weight of the big rig. A catastrophic accident means that it causes detrimental damage to a victim, such as a traumatic brain injury, spinal cord injury with paralysis or the loss of a limb. Many truck accidents are also fatal.
There is no average pain and suffering amount awarded in a truck accident case. If an injured crash victim receives pain and suffering damages, the amount given will depend on factors unique to the specific case, such as the severity of the victim’s injuries. A jury has full discretion over the value of a pain and suffering award, meaning they can choose any amount deemed appropriate. The jury may or may not use an established method to calculate pain and suffering.
The pain and suffering endured as an injured victim or surviving loved one cannot be measured in dollars. Seeking compensation for your personal losses, however, is a form of justice against the at-fault party that can help you move forward. A fair award can allow you and your family to look toward the future with greater financial stability and peace of mind.
How Do You Get the Amount That You Deserve?
Pain and suffering is an important part of your truck accident lawsuit. This is often the amount that you get to keep after paying off your medical debts and attorney’s fees. The value of your pain and suffering can be substantial in a serious or catastrophic truck accident case. Be aware, however, that an insurance company may try to get you to settle for a low amount.
The best way to fight for the settlement or judgment award that your case demands is with assistance from an experienced truck accident attorney in Dallas. An attorney can help you better understand pain and suffering, calculate a fair amount, and negotiate a positive outcome on your behalf. An attorney can help you avoid settling for less than you deserve.