Dealing with the aftermath of a truck accident can be overwhelming, especially when you’re struggling financially. You might wonder about the compensation you could recover by filing a truck accident claim. The good news is that a successful truck accident claim could cover expenses like medical bills, lost income, and more to help you get back on your feet. However, getting the total amount you are owed is not easy.
That’s where a Rio Grande Valley truck accident lawyer comes in. An attorney with The Law Office of Richard Gonzalez can identify the full range of compensation you are due and fight aggressively to maximize your settlement. Contact our office today for a free initial consultation with a truck accident lawyer and learn more about your legal options.
Economic and Non-Economic Damages
In a truck accident claim, “damages” refers to the money a person can claim as compensation for the harm they suffered. There are two main types of damages you can claim: economic damages and non-economic damages.
The fundamental difference between economic and non-economic damages is how you measure them. Economic damages have a clear value; they are the tangible out-of-pocket expenses you incur due to the accident. Non-economic damages, on the other hand, are for the intangible, personal losses you suffer due to the wreck. They are about the quality of your life and well-being after the accident.
Accounting for both types of damages is essential in a truck accident claim in Texas. Doing so ensures that you get compensated not just for your financial losses but also for the more profound personal impacts of the accident. Let’s explore each category of semi-truck accident compensation in depth:
Economic Damages
Economic damages are the actual financial losses you face because of the accident. These are expenses that you can calculate and prove with bills or receipts. Think of them as the direct costs that hit your wallet. Here are some examples:
- Medical Bills: This broad category covers all your medical-related costs. It includes immediate expenses like emergency room fees and long-term costs like rehabilitation, physiotherapy, and any future medical care you might need due to the accident.
- Income Losses: If the accident prevents you from working, you can claim the money you would have earned during this time. You could also claim compensation for the money you could lose in the future if the accident affects your ability to work or forces you into a lower-paying job.
- Other Expenses: You might have other accident-related costs for which you could seek compensation. This includes travel expenses for medical appointments, hiring someone for household chores while you recover, or modifying your home for accessibility.
Non-Economic Damages
Non-economic damages compensate you for the personal non-financial impacts of the accident. These are harder to put a price tag on, but they are just as important. They address how the accident has affected your life and well-being, acknowledging that the harm caused isn’t just financial. Here are some common non-economic damages:
- Pain and Suffering: This is for the physical discomfort and mental anguish you endure due to the crash and your injuries. It includes the immediate pain and any chronic discomfort you experience after the accident.
- Loss of Enjoyment of Life: If your injuries keep you from engaging in hobbies, sports, or activities that were a significant part of your life, you deserve compensation for this loss of fulfillment and happiness.
- Emotional Distress: The trauma from a truck accident can lead to long-lasting psychological effects like anxiety, PTSD, or depression. This category of damages recognizes the invisible wounds that an accident can inflict.
- Disfigurement and Physical Impairment: This covers the emotional and psychological impact of living with scars, disabilities, or other permanent physical changes caused by an accident.
- Loss of Consortium: If the accident affects your relationship with your spouse or partner by impeding companionship or intimacy, they can be compensated for this deeply personal loss.
Calculating Compensation for Texas Truck Accident Victims
Each truck accident case is unique, and several key elements play a role in determining the amount of truck accident compensation you might receive. Here are some factors to consider:
- Severity of Injuries: More severe injuries generally lead to higher claim values. Serious injuries require extensive medical care and longer recovery times, increasing the compensation necessary to cover these costs and impacts on your life.
- Your Age and Health: Younger victims with serious injuries might receive more compensation, considering the long-term impact on their lives. Similarly, if you were in good health before the accident, the contrast in your health post-accident could lead to a higher claim value.
- Duration of Medical Treatment: Longer medical treatments suggest more serious injuries and can increase the value of your claim. Extended care means higher medical expenses and possibly a longer period of suffering, which could affect your compensation.
- Permanent Disabilities or Disfigurement: If the accident leaves you with permanent disabilities or disfigurement, your claim value could significantly increase. These conditions have lasting impacts on your life, requiring compensation for long-term care and the emotional toll they take.
- Impact on Quality of Life: If your injuries prevent you from enjoying activities you usually love or impact your day-to-day life significantly, your claim’s value can increase.
- Liability and Fault: The more apparent it is that the truck driver or company is at fault, the stronger and potentially more valuable your claim becomes. Clear liability means a better chance of getting total compensation for your losses.
- Policy Limits of Insurance: The trucking company’s insurance policy limits will cap how much you can claim. If their policy has high limits, there’s potential for a higher settlement, especially for severe injuries.
- Evidence and Documentation: Strong evidence like medical reports, witness statements, and police records strengthen your claim. Solid documentation can lead to higher compensation, as it clearly shows the accident’s impact on your life.
- Quality of Legal Representation: Having a skilled attorney can significantly increase the value of your claim. Experienced attorneys can negotiate better and build more substantial cases, often leading to higher settlements for their clients.
What to Do After a Semi-Truck Accident
If you get hurt in a Texas truck accident, taking the proper steps afterward can protect your health, safety, and any potential legal claims. Here’s what you can do:
- Get prompt medical attention and follow your doctor’s care plan.
- Consult a Texas truck accident attorney as soon as possible.
- Gather contact information from all parties involved in the accident.
- Take photographs of the accident scene, including all vehicles.
- Collect contact details from any witnesses.
- Inform your insurance company about the accident.
- Keep track of all crash-related medical treatments and expenses.
- Do not provide a recorded statement to the other party’s insurance.
- Preserve evidence like clothing and personal items damaged in the accident.
- Document your injuries and recovery progress with photos and notes.
- Keep a journal of your physical and emotional recovery post-accident.
- Refrain from posting about the accident on social media.
- Avoid signing documents from the other party’s insurance without legal advice.
Statute of Limitations to File a Trucking Accident Claim in Texas
In Texas, the filing window for personal injury claims is generally two years from the date of the incident. You must start your lawsuit within two years after the truck accident. If you miss this deadline, you might lose your chance to sue for compensation. It’s essential to act quickly and talk to a lawyer to ensure you meet this legal time limit and protect your right to seek justice.
Why Choose The Law Office of Richard Gonzales?
If you’ve been in a truck accident in Texas and need legal help, trust The Law Office of Richard Gonzales. Here’s why choosing us can make a significant difference in your case:
- 24/7 Accessibility: Our team is always available to provide updates and information about your case. You can reach out anytime you have a question or concern, so you’re never left in the dark about the progress of your claim.
- Comprehensive Assistance: When you’re with us, you can focus exclusively on healing and recovery. Our experienced attorneys handle every aspect of your case, from paperwork to negotiations, so you can concentrate on improving.
- Professionalism and Compassion: We treat every client with professionalism, compassion, and respect. We understand the challenges you face and work hard to ensure you feel supported and valued throughout your case.
- No Upfront Costs: With our policy of no upfront retainers or hidden fees, you don’t have to worry about financial strain. We only charge if we successfully resolve your case, whether through a jury verdict or a settlement. This means no financial risk for you.
Contact Our Rio Grande Valley Truck Accident Lawyers for Help
If you know or suspect you could be entitled to a commercial vehicle accident settlement in Texas, a truck accident lawyer with The Law Office of Richard Gonzales can help. Contact us today to tell us your story and discuss your next steps in a free initial consultation.