Recoverable Damages After a Delivery Truck Accident
If you or a family member is involved in an accident with a delivery truck, call (281) 475-4535 to set up an appointment with an attorney to discuss your case with a free consultation. You will need the help of an attorney to seek damages from the delivery company and the insurance company that provides insurance for the delivery truck and driver.
If your accident injuries are severe or a fatality is involved, you can expect the insurance company to be less than fully cooperative. Nobody ever says that the insurance company’s offer was overly generous. Insurance adjusters try to do everything they can to pay as little as possible for each claim. This challenge is why you must have an attorney to represent you.
The driver might also be liable if the truck driver’s negligence caused the accident. If you can prove the truck driver was partially or fully “at-fault,” you may be able to recover economic and general damages from the responsible parties, which may include the insurance company, the delivery company, and the driver.
Economic damages are also called special damages. These financial costs are determined by referring to receipts for services and other documents. If you have to sue the insurance company and win the lawsuit, the court may order the insurance company to reimburse you for all the out-of-pocket costs you paid.
Economic damages might include medical expenses, income loss, cost of repairs, and funeral/estate expenses if someone died in the accident.
Here are some examples of medical expenses that should be recoverable as damages:
- Ambulance fees
- Emergency room costs
- Cost of staying in intensive care
- Doctor’s appointments, including the costs of seeing specialists
- Surgery expenses
- Recovery therapies such as physical therapy, cognitive therapy, occupational therapy, and psychological therapy
- Ambulatory aids such as a wheelchair or mobility scooter
- Home health care
- Rehabilitation center’s cost
- Expenses for nursing home care
- Accessibility modifications such as hand control for a personal vehicle, home upgrades that include ramps, grab bars, handrails, and enlarged doorways
- Medical equipment rental and supplies, such as an oxygen delivery system and replacement tanks
Income loss includes the actual amount lost in the current period plus an estimate of the lost future earnings. If the injury caused by the accident results in permanent disability, you may collect the income loss calculated to the future date of your retirement.
Cost of Repairs
The repair cost may be the amount needed to fix the damage to your vehicle or, if the vehicle was totaled, the cost to replace it with another similar model, make, and year. Repair or replacement cost extends to cover any items in the vehicle when the accident happened, such as laptops or mobile phones.
If the accident caused one or more fatalities, damages might include the funeral, cremation, and burial expenses. Damages may also cover certain probate court costs and legal costs for a probate attorney.
General damages (also called non-economic damages) are estimates of the financial value of certain things without documentary proof of any actual expenses. Sometimes a factor is used to multiply the total economic damages to arrive at an amount for general damages.
General damages include:
- Pain and Suffering: This category includes emotional distress.
- Reduction in the Quality of Life: This category includes any permanent loss of the quality of life for the remainder of your life.
- Loss of Consortium: This is either the death of your spouse in the accident or the loss of being able to have a physical relationship with your spouse due to the accident.
- Loss of Companionship: This loss includes not being able to enjoy family activities or events.
- Loss of a Body Part or Body Function: This group includes the loss of a hand, finger, eyesight, hearing, or anything related to your physical body. This category also includes any necessary amputation, disfigurement, excessive scarring from burns, etc.
- Inconvenience: This loss category comes from needing to hire others to do the simple chores you used to be able to do but cannot do since the accident.
Get the Help You Need
The damages from an accident with a delivery truck may be severe. If you have an accident with a delivery truck, you need help from a qualified attorney. Call (281) 475-4535 to get a free consultation.