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Following an accident involving a truck, an individual is entitled to economic damages and non-economic damages that stemmed from this incident. Every case has different evidence regarding the damages sustained. It is important to consult with a local truck accident attorney who will be in the best position to advise on maximizing the damages recovery in an Indianapolis truck accident claim.
The primary type of compensation is called economic damages, which are those that are easily calculated and have a specific dollar amount attached to them. This can include medical bills, lost wages, and property damage from the truck hitting the plaintiff. Each of these elements of damages can be calculated with precision due to hospital bills or a calculation of how much income the patient should have received in the time they were recovering.
Following a truck accident in Indianapolis, another type of damages someone may be entitled to recover are for non-economic damages. These are not easily calculated and include losses like pain and suffering, disability, loss of normal life, and grief. The amount of money to award is typically left to the jury to decide. Every case is different and the amount may vary greatly, depending upon the specific facts of the case. Unlike economic damages which are easily calculated, non-economic damages do not have any specific formula to guide a jury in awarding them.
Simply because a motorist is involved in a truck accident does not mean they are entitled to damages. An experienced personal injury lawyer could advise on the best way to prove damages sustained in a truck accident. The value of a case is based primarily upon the injuries and medical treatment given.
Economic damages and non-economic damages are considered compensatory in nature. This means they are meant to make up for that which was taken away from the plaintiff in the accident. Punitive damages are different: they are meant to punish egregious behavior by a defendant and to discourage other people who might engage in negligent behavior while driving a truck.
Punitive damages are rarely awarded in truck accident cases. In order to be eligible for punitive damages, the evidence must show that the trucking company or the driver acted with a conscious disregard for the safety of the public. Punitive damages are also regulated by the court and are often reduced even after a jury considers all the evidence.
Following a truck accident, there may be numerous insurance companies involved. In addition to the insurance company for the truck driver, a plaintiff’s own personal insurance may also come into play. If they have full coverage on their vehicle, it may be faster to allow their insurance company to repair the vehicle and let the insurer seek reimbursement from the trucking company.
If the accident was the plaintiff’s fault, then the insurance company will cover the damages to the other vehicle under the liability portion of a policy. If the insurance policy is liability-only and there is damage to their own vehicle, they will be at the mercy of the trucking company as they attempt to get their vehicle fixed.
An experienced lawyer could advise an injured person as to their rights and represent them against the trucking company and insurance company. Because truck accidents are different than passenger car accidents, it is important to have legal counsel who knows how these companies operate.
Call now for a free consultation and learn about the potential damages in an Indianapolis truck accident claim.