There are many different types of damages that can be recovered following a truck accident. In a trucking accident in which someone is injured, the victim has the ability to claim economic and non-economic damages. They may also recover punitive damages, however, punitive damages are rarely awarded. If the truck accident is fatal, then a survival action or wrongful death claim can be asserted.
If you have been injured in a truck collision, reach out to a seasoned attorney who is experienced helping injured victims recover Lafayette truck accident damages. Call today to set up a consultation with a dedicated truck accident lawyer.
Economic damages in a personal injury case include past and future lost wages, loss of earnings capacity, and future and past medical expenses. These are called economic damages because they are measurable. A lawyer could help calculate the lost wages and medical expenses in a truck accident case. In a fatal collision, the economic damages include loss of support, which is somewhat equivalent to the loss of wages. However, these damages are calculated by adding the amount of money in which the deceased would have assisted the wrongful death beneficiary. Funeral expenses and any medical expenses before the death would also be included in Lafayette truck accident damages.
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Non-economic damages are called general damages because they are incapable of precise calculation. Non-economic damages include loss of enjoyment of life, emotional anguish, and pain and suffering. Other non-economic damages include permanent disability, scarring, and disfigurement. An injured victim could also make a loss of consortium claim. Under Louisiana law, an injured party’s spouse could file a claim for how the accident and the injuries impacted their marriage.
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How Does One Calculate Non-Economic Damages?
Non-economic damages are, by definition, incapable of calculation. They are simply unique to every case: how much pain, how much suffering, how much mental anguish, how much loss of enjoyment of life, what are the activities that the person can no longer do, and can the injured individual continue to do activities with their grandchildren or children. These are some of the many factors that are considered when evaluating how much a general damage claim is worth. Ultimately, the judge or the jury will determine how much compensation should be awarded to the victim. This is why it is essential for an accident victim to call a lawyer who is knowledgeable about Lafayette truck accident damages.
Punitive damages are designed to punish the defendant for improper conduct as well as deter others from committing improper or substandard conduct. The measure of economic and non-economic damages is just one factor that is considered in the extent of punitive damages. Often, in a review, the courts compare the ratio of the non-economic and economic damages to the award for the punitive damages. Most of the time, punitive damages in Louisiana are not recoverable. They are only recoverable when specifically authorized by statute, such as the intoxication of the at-fault driver.
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Auto Insurance Coverage of Damages in Lafayette
In Louisiana, auto insurance is usually going to cover a person’s bodily injuries and property damage. The bodily injury damages are going to be both economic damages from the suit as well as the non-economic general damages. The property damage coverage is designed to cover the vehicle that was available.
A person can also obtain underinsured or uninsured motorist coverage. This is auto insurance maintained by the person who was injured in the event that the person who caused the accident has insufficient or no insurance. For more information about auto insurance coverage and Lafayette truck accident damages, consult with an accomplished lawyer.