Lincoln, AR Truck Accident Lawyer
Whether minor or seriously devastating, truck accidents often leave victims with significant damages that can alter the course of their lives. Victims do not plan on a negligent truck driver injuring them, so they likely do not know what to do after an accident.
Our attorneys have been holding negligent truckers and trucking companies accountable for their actions for years and can help you get justice by filing your lawsuit. The damages you suffered from the accident might be legion, costing you financially and emotionally. We can precisely calculate your economic losses by gathering your medical bills, paystubs, and property damage estimates. With an accurate assessment of your economic losses, we can review and estimate what you will likely need to cover your pain and suffering losses. Our team will also pursue punitive damages if the truck driver’s or trucking company’s intentional misconduct caused your accident.
Call us today at (479) 316-0438 to get your free case evaluation with our truck accident attorneys.
How Damages in a Truck Accident Lawsuit Are Assessed in Lincoln, AR
Most commercial trucks are large vehicles, so the damages they cause in an accident are often significant. In a lawsuit, “damages” are intended to compensate them for a wide range of losses and harms. Economic damages commonly include medical bills, lost earnings, and other out-of-pocket expenses, while non-economic damages represent the pain and suffering victims endure during and after the crash. Our truck accident lawyers can prepare the evidence in your case so that your damages are assessed accurately and account for any losses stemming from the accident. We will also determine if punitive damages should be pursued to punish the defendants for intentional misconduct.
Economic Damages
We usually start by reviewing the economic losses you sustained, as they are immediately felt as bills come in. Your medical expenses will make up a good portion of these damages. Emergency room bills, costs for continued treatment, and physical therapy can skyrocket quickly, and that is before considering your future medical expenses. Truck accidents often result in severe injuries that victims can take years to recover from if they ever do. We can estimate future medical damages by consulting your physicians and other medical experts.
You can also claim lost wages for any time your injuries kept you out of work. This includes taking time off for doctor appointments and meetings with our legal team. Of course, severe injuries might prevent you from working temporarily or permanently. Like with your future medical damages, we can consult experts to help assess how much you should be compensated for your lost future earnings and reduced earning potential.
We will also review any property damage that should be included in your claim. Did you need a rental car while yours was getting repaired, or did the truck completely total it? If so, we can use repair estimates, rental agreements, and the current market value for your vehicle to prove these losses. You can also be compensated for personal property damaged and destroyed in the accident, like your phone, smartwatch, or prescription glasses.
Lastly, we will calculate the easy-to-overlook expenses you incurred while managing your claim and healthcare. Perhaps you had to fill your gas tank much more often because you traveled to your doctor’s office across town or needed to pay a babysitter for each visit. Those costs can be claimed, so be sure to keep your receipts.
Non-Economic Damages
Non-economic damages are losses that are challenging to quantify because they are derived from your experiences during the accident and after. This is why these damages are commonly called “pain and suffering.” You will almost certainly experience physical pain when you are injured in the crash, as well as when you are treating your injuries and just walking around. The physical pain you live with as a consequence of your injuries can be compensated for.
The suffering aspect typically refers to the emotional and psychological damages from the accident and living with your injuries. If you suffer severe injuries, it can reduce your quality and enjoyment of life if they prevent you from living the full life you enjoyed before the accident. You might have emotional distress from the adjustments you have made. Your situation can also cause you to develop psychological conditions like depression, anxiety, and PTSD.
While these symptoms are difficult to calculate, we can get an estimate based on your economic damages using either the per diem or multiplier method. That is one of the reasons we want to assess each and every financial loss, as it can directly impact the amount of non-economic damages you recover. The multiplier method will assign a number between 1.5 and 5 based on the severity of your injuries and potential suffering and multiplied by your total economic damages. Under the per diem method, a daily value will be assigned to your pain and suffering and multiplied by the number of days you will likely live with it, usually until you reach “maximum medical improvement.”
The good news is that non-economic damages are not capped in Arkansas, so you will recover all the pain and suffering compensation that we can prove.
Punitive Damages
Punitive damages are rarely awarded in a vehicle accident claim because they are meant to punish defendants for grossly negligent and intentional misconduct. However, many truck accidents are caused this way, as truck drivers and trucking companies might intentionally ignore safety regulations to get a commercial edge over the competition.
According to Ark. Code § 16-55-206, we can recover punitive damages if we prove that the defendant knew or should have known that their actions would probably and naturally result in injuries and pursued the conduct in reckless disregard of the consequences or that the defendant intentionally acted to cause damage and injury. For example, if the truck driver intentionally ignored operating time regulations, an award for punitive damages would be appropriate.
Call Our Lincoln, AR Truck Accident Lawyers for Help Today
For a free case review with our truck accident lawyers, contact us at (479) 316-0438.