Understanding Truck Accident Pain and Suffering Damages

Dirk J. Derrick
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South Carolina Lawyer Dirk Derrick helps victims recover from car accidents, personal injury & wrongful death.
Truck accidents are known to be especially dangerous for drivers and passengers of smaller vehicles. Trucks are taller and heavier, and they can present serious risks for other vehicles that share the road. In fatal truck crashes, it was the passengers in the smaller vehicles who were killed 67 percent of the time—a figure that jumps to 96 percent if only a truck and one other vehicle were involved. Those who do survive often find themselves facing significant injuries and substantial pain. The law allows the injured parties and their families to hold careless truckers accountable through an injury claim, where compensation can be provided for all the damages suffered.
The Derrick Law Firm Pain and Suffering From Myrtle Beach Truck Accident

Types of Damages in a Myrtle Beach Truck Crash

Damages in a legal claim are divided into two main categories, and victims can recover different types of compensation based on the injuries they suffer. Damages include:

Economic Damages 

Economic damages are fairly straightforward and include all the tangible costs associated with the crash, including medical bills, lost wages, and property damage.

Non-Economic Damages 

Non-economic damages include damages that are harder to quantify, as there is no clear, monetary value. Commonly, these damages include pain and suffering, emotional distress, mental anguish, and loss of companionship.

Understanding Pain and Suffering Damages

Pain and suffering damages can be difficult to determine. These damages seek to address both the physical and mental pain that a victim experiences after an accident. Physical pain includes the pain and discomfort the victim feels after the accident and the pain that is likely to be felt in the future. Mental pain and suffering often results from both experiencing physical injuries and the emotional trauma of the accident itself. Mental pain can include conditions such as anxiety, depression, and insomnia.

Factors That Affect Non-Economic Damages in Myrtle Beach

It’s often difficult for one person to understand the degree of another person’s pain, but mental and emotional suffering are just as real as physical pain, and the law provides some guidelines for determining an appropriate amount of compensation. Insurance companies or the courts typically consider:
 
Victim’s age
Health of victim before the accident
Nature of physical injuries
Type of treatment required for both physical and emotional injuries
Duration of treatment
Prognosis and timeline for recovery
Need for ongoing care/existence of permanent injuries
Impact of the injuries on daily life
Ability of the injured to partake in activities previously enjoyed

Proving Pain and Suffering After a Truck Crash

It will be necessary to provide proof to support claims of pain and suffering damages after a truck crash. This can be challenging, as many of these factors are intangible and cannot be added up and presented concretely. Victims and their families can, however, offer some evidence of the stress they endure, using:
 
Pertinent medical documents
Photographs of injuries
Personal journals documenting the period of time after the crash
Testimony of friends and family
Testimony of care providers

Obtaining Compensation for Your Pain and Suffering

The personal, indefinable pain and suffering experienced by truck accident victims can be considerable, and victims deserve compensation to address this stress. However, insurance companies are often reluctant to pay these damages. They may try to reduce the amount of compensation or deny it altogether. That’s when an experienced truck accident attorney can help. An effective injury lawyer understands what a difficult time truck accident victims face, and an attorney has likely been through this process with other clients before. He can help victims understand their rights and prepare a comprehensive claim to address his client’s needs—both now and in the future. 

Have You Been Injured In A South Carolina Area Truck Accident?

If you or a loved one was injured in a commercial truck accident in South Carolina, our experienced truck accident lawyers are ready to help right away. Contact us online, or call our Myrtle Beach, South Carolina office directly at 843.248.7486 to schedule your free consultation. We are also able to meet clients at our Conway, Charleston, Mt. Pleasant, Columbia, North Myrtle Beach or North Charleston office locations.