You may have grounds to sue for pain and suffering after a truck accident in Chicago, Illinois if you experienced or continue to experience physical discomfort, psychological distress, and emotional turmoil because of that accident. Quality evidence and effective legal representation can help you receive sufficient pain and suffering damages for these intangible losses. Various factors will affect the value of your pain and suffering claim, including your injury’s severity, the amount of medical care you need, the impact of your injury on your quality of life, and liability.
Truck accident lawyers at Ankin Law can determine if you have viable grounds to sue for pain and suffering after a truck accident. Call 312-600-0000 for a free consultation.
Types of Damages in a Truck Accident Case
Truck accidents often cause life-altering injuries, expensive medical bills, lengthy breaks from work, and physical and emotional suffering. In 2022, crashes involving tractor-trailers in Illinois caused up to 262 incapacitating injuries and 138 fatalities. Fortunately, you are entitled to compensation if someone else’s negligence caused the truck accident. Recoverable damages in a truck accident vary based on the case and the losses you suffered.
Economic and non-economic damages are the two main forms of compensation you can receive after a successful truck accident claim or lawsuit. In rare circumstances, you may receive punitive damages.
Economic Damages
These damages represent objective losses that can be quantified. In simple terms, you can put an actual monetary value on these damages. They include:
Medical Bills
You can recover compensation for all medical expenses incurred because of your accident-related injuries. These expenses include emergency room bills, doctor bills, hospital bills, prescription drugs, physical therapy, and ongoing or future medical treatment.
You should see a doctor soon after getting involved in a truck accident. Doing that allows the doctor to determine the type and severity of your injury and recommend appropriate treatment. It also demonstrates to the insurance company that the accident left you with serious injuries that required immediate medical care.
Lost Wages or Income
You may receive damages for the wages or income lost if you must spend time away from work seeking treatment and recovering from your injuries. You may also obtain compensation for reduced earning capacity if you cannot return to your pre-injury role and are forced to take a different role that pays less.
Property Damage
Vehicles often get totaled after colliding with a huge truck. The damage can be significant even when the crash occurs at low speeds. You may receive compensation to repair your vehicle or replace it if it got totaled after the truck crash.
Compensation for other valuable items damaged in the accident is also available. These items include electronics, prescription glasses, cameras, watches, or other valuable jewelry.
Non-Economic Damages
These damages compensate you for physical discomfort, mental distress, and emotional effects arising from the truck accident. As such, they lack a specific dollar value. They include:
- Physical pain and suffering
- Mental anguish
- Emotional turmoil
- Loss of quality of life
- Loss of enjoyment of life
- Permanent scarring and disfigurement
Non-economic damages can increase the total compensation you are entitled to in a truck accident. An experienced truck accident lawyer can compare your situation to previous truck accident settlements and verdicts. The lawyer can then use an appropriate formula to determine a figure that would compensate you for your pain and suffering adequately. The lawyer can also assemble and present evidence to demonstrate how your physical and psychological suffering has affected your life.
Punitive Damages
You may receive punitive damages on top of economic and non-economic damages if the court determines the liable party’s actions to be grossly negligent. Punitive damages are not meant to compensate you for your injuries. Instead, they are intended to punish the negligent party and deter similar conduct in the future.
Wrongful Death Damages
These damages are available to those who lose loved ones in a fatal truck accident. They cover medical bills incurred by the deceased before death, lost wages, pain and suffering the deceased experienced before death, funeral and burial expenses, and loss of companionship.
Factors That Impact Pain and Suffering Claims
Many factors can influence pain and suffering in an accident claim.
Your Injury Severity
Severe injuries often result in costly medical treatment, missed time from work, and physical pain and emotional suffering. For this reason, these injuries increase the worth of your pain and suffering claim. The value of your claim will be even higher if you sustained a catastrophic injury that has left you with permanent scarring or disfigurement.
You can prove the severity of your injuries using injury diagnoses, medical treatment plans, and notes of your progress from your doctor. Pictures of the affected body parts before the accident and after the accident, as well as immediately after treatment, can show how your injuries have affected your body and life.
The Nature and Extent of Medical Care You Have Obtained
The type and amount of medical treatment you have obtained will impact the value of your pain and suffering after a truck accident. A lengthy stay in the hospital will result in a higher settlement than a few hospital visits. Similarly, your claim value will be higher if you underwent surgery than if you received a simple medical treatment.
The Impact of Your Injury on Your Quality of Life
How much your pain and suffering claim is worth will also depend on the impact of your injury on your overall health, happiness, and ability to work. You can expect to collect higher compensation if you sustained a life-threatening injury that has prevented you from working or engaging in leisure activities than a person who suffered a minor injury with a minor effect on his or her everyday life.
Liability
Liability impacts the value of your injury settlement. Bearing even a small percentage of liability for the accident could lower your settlement by a huge amount. Truck companies and insurers will try to misrepresent your degree of fault to either offer an unreasonably low settlement or deny your claim. So, work closely with your truck accident lawyer to show that you did not contribute to the accident.
Illinois practices modified comparative fault with a 50% bar. You won’t recover any damages if your percentage fault surpasses the 50% mark. You will receive compensation if your fault is under 50%. Your compensation will, however, be reduced by your degree of fault.
Why Hire a Personal Injury Attorney?
Do not wait until it is too late to get a lawyer after a truck accident. Instead, contact a lawyer soon after the crash. If you sustain serious injuries, you can seek medical attention first and then seek legal help. The sooner you retain a lawyer to help you sue for pain and suffering after a truck accident, the higher your likelihood of a successful result.
A personal injury attorney with a remarkable success rate in truck accident cases can help you in the following ways:
Offer Legal Guidance
Your attorney knows the interplay between federal and state trucking regulations. The attorney, for instance, knows that truck drivers must rest for 30 minutes after operating a truck for eight consecutive hours. He or she is also aware that trucking companies must conduct routine maintenance and fix issues to avoid accidents.
Your attorney will establish liability against the truck driver or owner by assessing if these parties violated set rules. The attorney will examine all records, including electronic logging device data, inspection reports, and black box data.
Conduct Independent Investigations
The police, trucking company investigators, and insurance company representatives often investigate the truck accident scene. Besides obtaining information from these parties, your attorney will also perform an independent investigation to gain a neutral view of the accident.
The investigation may include analyzing the police report, compiling witness statements, and obtaining and watching surveillance camera footage. It may also involve hiring an expert to examine the black box, the GPS, and the truck itself.
Manage Legal Deadlines
Retaining a personal injury attorney soon after getting injured in a truck accident will help you meet relevant deadlines. Your attorney will start a lawsuit within the two-year deadline set by the Illinois laws.
The attorney will carefully prepare and submit the required documents. He or she will also comply with other procedural requirements to fast-track the progress of your case. These requirements include filing insurance claims and answering legal notices.
Maximize Compensation
A skilled personal injury attorney will fight to ensure you receive compensation that reflects the full scope of your pain and suffering after a truck accident. This might require consulting with medical practitioners, vocational professionals, and economic experts. It may also involve identifying all at-fault parties and exhausting all options for recovering damages.
The legal team at Ankin Law can determine if you qualify to sue for pain and suffering after a truck accident in Chicago, Illinois. Contact us for a free case evaluation.