Understanding Truck Accident Pain and Suffering Damages

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.

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

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.

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.

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

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

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.