Victims who have suffered injuries and damages as a result of a reckless truck driver’s careless actions deserve to be compensated. However, most people are unaware that they could recover for more than they may have presumed. In addition to compensation for medical bills and property damage, victims could file a compensation claim pain and suffering and loss of earning capacity. Plaintiffs may also receive punitive damages awarded by the state if the at-fault party’s negligent actions is worthy of a criminal charge.
If you would like to learn more about the recoverable damages after a truck wreck in Sugar Land, be sure to schedule a consultation today. An experienced Sugar Land truck accident attorney could provide you with more information regarding the steps you have to take in order to file a claim for damages and provide you with guidance regarding the calculation of damages owed to you.
What Are Economic Damages in Sugar Land?
Economic damages are damages that are easy to place a numerical value on. In most cases, economic damages would involve payments that have been made as a result of the accident. Listed below are common damages that possess an ascertainable dollar value:
- Lost wages
- Medical bills
- Property damages
- Potential loss of business opportunities
What are Noneconomic Damages?
As defined by Sugar Land law, non-economic damages are less concrete damages that have to be evaluated by a jury. This type of recoverable damages does not have a certain dollar value. It is up to either the judge in a bench trial or a jury to determine the amount of non-economic damages available in a case. Some examples of non-economic damages include:
- Physical pain
- Mental anguish
- Exacerbation of an existing condition
Calculating Punitive Damages
Punitive damages are awarded to the plaintiff in order to punish the at-fault party and deter future conduct by that party or by other future parties. Attorneys do not have a say in how much compensation would be given to the plaintiff, but they could demonstrate that the at-fault party’s conduct was so egregious that it merits punishment far beyond the awarding of damages. If the jury agrees, they could include a punitive damage award in favor of the plaintiff.
Damage Caps in Truck Wreck Cases
The most restrictive damage cap in truck accidents throughout the state of Texas involves punitive damages. Punitive damages may not exceed more than two times the amount of economic damages, plus the amount equal to noneconomic damages is not to exceed $200,000 or $750,000, whichever is greater. For example, if somebody sues a corporation for a brain injury case and they are awarded $1.5 million in economic damages and $3 million in non-economic damages, the maximum punitive damage award is going to be $3.75 million. That is the economic damages times two plus $750,000 because that is the maximum they could get.
How Does an Attorney Assist with the Recovery of Damages?
An attorney could assist with the recovery of damages in several ways. For example, an attorney could help with reviewing insurance policies to determine whether the losses sustained in an accident would be covered. A lawyer could also help send spoliation letters, which requires certain evidence to be preserved. For example, if there were nearby security cameras that caught the wreck, they could send spoliation letters to whoever is in possession of the footage.
A lawyer could also aid with the gathering of medical records, the collection of eye-witness testimony, and hire experts who could provide convincing testimony in your favor. If you wish to know more about the collection of damages, be sure to schedule a consultation today with an experienced attorney at Amaro Law Firm.