Damages in a truck accident case in Chicago fall into three categories: economic, non-economic, and punitive damages. The forms and amounts of damages you may collect after a truck accident depend on the losses you suffered and the circumstances of your case. Insurance companies aim to pay accident victims as little compensation as possible. They often offer lowball settlements that ignore damages, hoping victims fail to realize they’re being shortchanged. Having a solid understanding of the damages available in truck accident cases is critical in ensuring you receive fair compensation.
Table of Contents
The Chicago truck accident lawyers at Ankin Law can help you obtain full compensation for your damages. Call us at 312-600-0000 for a free case evaluation.
Economic Damages
Economic damages are the quantifiable monetary losses suffered as a result of the accident. They can be calculated using the appropriate documentation, such as invoices, estimates, receipts, and pay stubs. Economic damages in truck accident cases include:
Medical Expenses
A car accident lawyer can tell you that truck crashes are usually worse than typical passenger car accidents. Trucks pose a greater risk of severe injuries in accidents. Truck accidents leave victims with a mountain of medical bills. You can recover damages for any medical cost related to your injuries. This could include the cost of:
- Hospital stays and doctor visits
- Medical tests
- Surgeries
- Medications
- Therapies
- Assistive devices
If your injuries require additional treatment in the future, you’ll need to include an estimate of your future medical expenses in your list of damages. A truck accident lawyer will review your medical records and work with medical experts and life care planners to establish the extent of your injuries and anticipated future medical needs. That will help you avoid settling your case for a compensation amount that will leave you without enough money to cover the costs of your future medical care.
Lost Wages
Truck crashes often cause injuries that make people miss work to recover. In such cases, the victims may be eligible for compensation for the income lost while away from work. You can prove the value of your lost wages with documentation like pay stubs, tax returns, customer contracts, and employment contracts.
Lost Earning Capacity
Some truck accidents can lead to injuries that affect your ability to work in the long term. Your injuries may prevent you from ever returning to work or force you into taking a less demanding, lower-paying job. You can receive compensation for the future income you’ll lose.
Your age and the amount of income you were earning before the accident will determine how much compensation you can collect for your diminished earning capacity. The assistance of an expert may be necessary to calculate this amount and ensure you don’t miss out on money you would be projected to earn during the rest of your work expectancy.
Property Damage
The weight of large trucks is 20 to 30 times that of passenger vehicles. It comes as no surprise that truck accidents often cause significant property damage, even at low speeds. You can recover the costs of repairs to your vehicle or its replacement if it’s totaled. Property damage costs also include any other personal items that were damaged in the truck accident, such as a phone, laptop, watches, jewelry, and prescription glasses.
Funeral and Burial Expenses
According to the most recent annual report for Illinois crash data facts, fatalities from semi-truck crashes increased by 31.4%. If you lose a loved one in a fatal truck accident, funeral and burial expenses can be included in economic damages.
Out-of-Pocket Costs
Truck accident injuries can lead to out-of-pocket expenses. For example, you may incur transportation costs for medical appointments. Your injuries may force you to pay for household help. If you have children and can’t care for them, you may have to pay for a daycare service or babysitter. You may qualify for compensation for these and other miscellaneous costs provided they’re reasonable, necessary, and resulting from your accident or injuries.
Non-Economic Damages
Non-economic damages are compensation for the intangible non-monetary losses experienced. They don’t have a set dollar value because they involve the physical and emotional harm suffered due to your truck accident. Their subjective nature makes them challenging to quantify. Nevertheless, they account for more than half of the total recoverable damages in many commercial truck injury cases. An experienced truck accident lawyer can help you establish the appropriate value of these damages. That’s one of the reasons why knowing how to find the right truck accident lawyer is critical.
Examples of non-economic damages in a truck accident case in Chicago include:
Pain and Suffering
If you were wondering, “Can I sue for pain and suffering after a truck accident?” This compensates you for the physical pain and discomfort you’ve already endured and might experience in the future due to the truck crash. Several factors determine the value of your pain and suffering damages, including the severity of your injuries, the duration of your recovery, and the impact of your injuries on your daily activities.
Emotional Distress
Being involved in a truck accident could leave you with psychological scars. Emotional distress damages compensate you for the psychological impact of the crash, such as:
- Anxiety
- Fear
- Sleep disorders
- Depression
- Post-traumatic stress disorder (PTSD)
Scarring and Disfigurement
Common truck accident injuries can cause severe scars, disfigurement, and loss of use of some body parts. These could negatively impact your mental state and social and professional life. You may be eligible for compensation for such harm.
Loss of Consortium
When you suffer a severe injury in a truck accident, you may be unable to maintain your typical relationships with your loved ones. As a result, your spouse and other close family members may experience intangible losses. For example, your spouse may suffer loss of comfort, companionship, assistance, and sexual relations. Your children may lose support, affection, and companionship. Your spouse or family members may be entitled to loss of consortium damages for these losses.
Loss of Enjoyment of Life
This is compensation for your inability to participate in hobbies and other activities you engaged in prior to your accident due to your injuries.
Punitive Damages
Punitive damages may be available in truck accident cases where the at-fault driver or trucking company acted egregiously, recklessly, or with intent. They’re intended to act as a punishment to the wrongdoer or a deterrent to similar conduct in the future by others.
Punitive damages may be applied if a truck driver was driving drunk or intentionally caused another vehicle to crash. A trucking company with a history of violating federal regulations or that has committed multiple violations at once may also warrant punitive damages. The Federal Motor Carrier Safety Administration (FMCSA) has set regulations that truck drivers and trucking companies must follow to promote road safety. Evidence of FMCSA violations could lead to punitive damages in some cases.
Punitive damages are imposed in court trials. If a defendant could be exposed to punitive damages if your case goes to trial, your truck accident attorney could leverage that in settlement negotiations to get you a higher settlement.
Recovery of Damages After a Truck Accident in Chicago Isn’t Automatic
You won’t automatically recover your damages, even if it’s clear another party caused the truck accident. You’ll need to have evidence of the damages you’ve faced due to the crash and their value. To make a truck accident claim, you must first prove who’s liable for your damages.
Illinois is an at-fault state, meaning a victim will file a claim for damages with the at-fault party’s insurance company. Any party whose actions contributed to your accident could be held liable.
Establishing fault and liability can be complex. Multiple parties and their insurers could be involved, including the truck driver, trucking company, cargo loader, and maintenance contractors. Detailed investigations are often required. That’s why it’s crucial to have a truck accident lawyer by your side. A lawyer will thoroughly investigate your accident and gather critical evidence to prove fault and liability.
Your truck accident attorney will also collect evidence of the injuries and losses you suffered due to your accident and seek full compensation for them by negotiating directly with insurers for a fair settlement or, if needed, taking your case to trial.
At Ankin Law, we have over 100 years of combined experience in helping Chicago accident victims get the full and fair compensation they need to get their finances back on track and move forward with their lives. We will walk you through every step of your truck accident claim and fight for a fair recovery of all the damages related to your injuries. Contact us today to schedule a free consultation with our truck accident attorneys.
