Sunday, January 13, 2019

What Damages Might Be Recoverable After a Truck Accident? - Legal Examiner

If you were hurt in a truck accident, you may be wondering how your family is going to afford the healthcare bills, lost wages, property damage, and other costs associated with the crash. Fortunately, you may have several options for pursuing compensation.

Minnesota follows a “no-fault” insurance system, which means your own insurance company will likely be your first source of compensation. If your injuries were severe, you may also be able to file a claim against the truck driver, the motor carrier, and/or other parties who were liable for the crash. Specifically, if you have incurred more than $4,000 in medical expenses, sustained a permanent injury, suffered scarring or disfigurement, or experienced at least 60 days of disability, you can file a third-party claim with the liable party’s insurer.

Depending on the facts surrounding your case, the following damages might be recoverable:

  • Past Medical Bills: Ambulance fees, hospital stays, prescription medication, and diagnostic tests may be included in your claim. 
  • Future Healthcare Expenses: Your attorney will consider physical therapy and any other ongoing treatment when calculating a fair settlement amount. 
  • Lost Income and Benefits: Wages and benefits lost due to missed work can add up quickly, especially if you need more than a few weeks to recover. 
  • Loss of Earning Capacity: If you are unable to return to work at all, you can include loss of earning capacity in the settlement negotiations. Your truck accident lawyer may use testimony from financial and vocational experts to strengthen your case. 
  • Property Damage: You may be entitled to compensation for any damage to your vehicle or the property inside it. 
  • Mobility Aids, Home Renovations, and Vehicle Modifications: If you suffered a disability that hinders mobility, all costs associated with managing the condition may be included in your claim. 
  • Pain and Suffering: Physical pain and suffering can make up a significant portion of a personal injury settlement, especially in cases involving severe injuries. Claimants may also be entitled to compensation for mental anguish and loss of enjoyment in life. 
  • Loss of Consortium: Damages for loss of consortium may be available if your injuries have affected your relationship with family members.

Punitive Damages in Truck Accident Cases 

Most truck accident claims will only result in compensatory damages, which are listed above. In some circumstances, though, claimants can also pursue a punitive award.

Punitive damages may be available if the defendant’s actions demonstrated a deliberate disregard for your rights or safety. If the trucker was drunk, for example, a punitive award may be warranted.

Discuss Your Case with a Truck Accident Attorney in St. Cloud 

If you are looking for a reputable truck accident lawyer in St. Cloud, turn to Bradshaw & Bryant. We have the experience and resources to take on even the largest motor carriers and insurance companies. Call 320-259-5414 or fill out our Contact Form to schedule a free case evaluation.

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