The first thing a victim should do is seek out medical attention, even if they do not think they have any injuries. Injury symptoms often take a day or two, sometimes longer, before they appear and that delay in treatment could cause issues later on in the personal injury claim or lawsuit. Unfortunately, many truck accidents end up in serious to catastrophic injuries for victims, so most victims end up being transported to the hospital by emergency responders.
The victim should not speak with the other driver’s insurance company until they speak to their own Houston, TX truck accident lawyer. The goal of the insurance company is to try to minimize – if not reject completely – any damages they have to pay out and will do everything they can to get the victim to say things that could be used against them.
What are some of the types of damages that a victim can be financially compensated for?
There are two types of damages a victim can receive – economic and non-economic. Economic damages are those that can be financially quantified. For example, medical bills have an actual dollar amount and are, therefore, economic damage. Non-economic damage is one that does not have a dollar amount and needs to be calculated in a different way. Pain and suffering is one example of non-economic damage.
Medical expenses, such as doctor visits, hospital stays, surgeries, diagnostic testing, physical therapy, mental health therapy, occupational therapy, prescription and over-the-counter medication, medical equipment, and more
- Lost wages, including employee benefits and overtime
- Pain and suffering
- Emotional anguish
- Emotional trauma
- Physical disability
- Mental disability
- Loss of life enjoyment
Expenses the victim has incurred because the injury prevents them from doing them. This can include transportation costs, childcare costs, house cleaning service costs, landscaping costs, snow removal costs, and more
In some cases, a victim may also be awarded punitive damages, which serve as a way to punish the at-fault party and send a message to society that the actions of the at-fault party that caused the injury to occur will not be tolerated. For example, if the truck driver was drunk at the time of the accident, the victim may receive punitive damages.
When a victim has suffered an injury in a truck accident, Texas law allows that victim to pursue legal action against the at-fault parties to obtain financial compensation for the losses their injuries have caused them. A truck accident lawyer in Houston, TX can help that victim, ensuring they receive the amount of compensation they are legally entitled to. Although the law does not require a victim to retain a lawyer in order to file a claim or lawsuit, it is important to note that truck accident cases are usually very complex, often with more than one liable party (i.e., the truck driver, the trucking company, etc.). A victim fighting the trucking company and their large insurance company – while still trying to recover from their injuries – can end up with far less than they deserve or have their claim denied entirely.
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If you or a loved one has been injured in a truck accident, contact John K. Zaid & Associates to meet with a seasoned Houston, TX truck accident lawyer and find out what legal options you may have.