Actual Damages

Damages in Truck Accident Cases

In a truck accident case, as with any personal injury case, there is a multitude of damages. Your lawyer should get you monetary compensation for any consequence of the accident. But of course, it is much more complicated than that.

Actual damages cover damages pertaining to the person injured and his or her family. Actual damages contrast with punitive damages, which are levied by a court to punish a defendant guilty of gross negligence, fraud, or malice.

Injury Victims and Family of the Injured

Damages can be divided by the harm experienced by the person injured and the harm experienced by the family of the person. The nature of these damages depends on the type of injury. In a Texas wrongful death case, for example, the bulk of the damages is typically awarded to the surviving family, which includes a spouse, children, and/or parents. Some damages can go to the estate of the deceased person.

Economic and Noneconomic Damages

You can also divide damages by economic damages vs. noneconomic damages. Economic damages encompass any damages that can

• Medical bills sustained in the past
• Medical bills that, in reasonable probability, will be sustained in the future.
• Loss of earning capacity sustained in the past
• Loss of earning capacity that, in reasonable probability, will be sustained in the future.
• Disfigurement sustained in the past
• Disfigurement that, in reasonable probability, will be sustained in the future
• Physical impairment sustained in the past

Plaintiffs in truck accident litigation also receive monetary awards for noneconomic damages, such as pain and suffering. Noneconomic damages encompassing matters as:

• Physical pain and mental anguish sustained in the past.
• Physical pain and mental anguish that, in reasonable probability, the injured person and immediate family will sustain in the future.
• Loss of consortium
• Loss of companionship and society
• Inconvenience
• Loss of enjoyment of life
• Injury to reputation

Calculating each of the above can be very complex. For example, "loss of earning capacity" can apply if someone is forced to get a lower-paying job because of an injury. The person can get compensation for the difference in income. However, if the person's injury did not force them to take a lower-paying job, they may have trouble getting damages for a loss in earning capacity.

At The O'Quinn Law Firm, our lawyers use economists, life care planning specialists, and other experts to compute all actual damages. We look at the total picture, encompassing everything from life insurance to pain and suffering, and give the jury one number.

Contact Us

The only way you can determine what damages are applicable to your case is to go over the details with an experienced attorney. Contact us and a free initial consultation with one of our attorneys. We have a 24-hour answering service and have evening and weekend appointments available.

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