There are several types of compensation you may seek when initiating a commercial truck accident claim. Consult with a South Florida truck accident attorney to learn more about damages that may be available to you in your case.
Typically, the compensation you may purse for a commercial truck accident claim falls into three categories: special, general , and punitive damages. Special and general damages seek to place you in the same financial and emotional position you would have been in had the accident not occurred, while punitive damages attempts to financially penalize a particularly careless or willful act.
Special Damages Sought by South Florida Truck Accident Attorneys
Special damages refer to the actual monetary costs to you. Since special damages are based on all of your out-of-pocket expenses, the amount of compensation owed should be fairly easy to calculate.
Special damages will compensate you for:
Medical treatment – all medical expenses that you incurred because of the accident will be covered by the truck accident claim, including any health care needs that may arise in the future;
Loss of income – when injuries prevent you from the ability to work, you will be compensated for lost wages as well as lost earning capacity down the road;
Property damage – the repair or replacement of your vehicle, as well as all items that were inside the vehicle at the time of the accident.
General Damages in a Truck Accident Claim
On the other hand, general damages won by your South Florida truck accident attorney will compensate you for the emotional and mental toll the accident had on you or a loved one. This type of compensation is much more difficult to calculate, since there are no ready dollar figures attached.
Courts may use similar past cases of general damage awards in your jurisdiction as a guideline and your South Florida truck accident attorney will most likely argue for this to happen too.
Examples of general damages include:
Pain and suffering – when there is ongoing pain due to the injuries you sustained from the truck accident, you may seek this type of compensation.
Emotional distress – in cases where the aftermath of the accident has caused psychological distress, such as depression and anxiety.
Loss of enjoyment – when the injuries you sustained prevent you from the activities you enjoyed before the accident.
Loss of consortium – when spouses are unable to maintain marital relations, such as sexual intercourse, for a period of time after the accident or permanently due to injuries.
Seeking Punitive Damages with a South Florida Truck Accident Attorney
Applied only in cases of extraordinary negligence or carelessness, punitive damages are available as a means to financially punish the at-fault party. While punitive damages are generally not awarded in truck accident claims, a plaintiff may pursue this avenue in cases where the commercial truck operator or driver has broken a law or regulation regarding safe vehicle operation.
In order to pursue this type of compensation, your lawyer will need to prove that the driver’s negligence was intentional and that the employer condoned or consented to the act that led to the accident. An example of this would be a truck driver who was intoxicated at the time of the accident and the truck company employer knew this individual had a history with drinking and driving.
Representation from a South Florida Truck Accident Attorney
Truck accident claims involving commercial trucks are quite complicated. Between investigating the cause of the accident, gathering evidence from a multitude of sources, and proving each party’s negligence, hiring a good truck accident attorney is critical.
Working tirelessly for their clients, the law offices of Wolf & Pravato serve the areas of Fort Meyers, Fort Lauderdale, Miami, and Palm Beach. Their team of attorneys are shrewd negotiators that will fight on your behalf to help rectify the wrongs committed against you.
Call 1-954-633-8270 today for a complementary consultation.