The non-economic damages are a completely different story as they are meant to compensate victims for intangible things like physical pain and mental suffering.
Dallas, TX – In a truck accident, it’s mostly the occupants in the other vehicles involved that get injured or killed. Well protected in the cabin of their towering 80,000 lbs semi, truckers rarely get hurt, but the passengers in a small 4,000 lbs car often suffer catastrophic injuries. Their lives will be turned upside down and the financial consequences are crippling. As if this wasn’t enough, victims and their families will have to fight against a trucking company that can afford good lawyers, well-versed in making trouble go away.
Talk to a lawyer as soon as possible
The most important tip anyone will give you is to talk to seasoned Dallas truck accident lawyers right away. Even if you’re in the hospital, there’s no reason to delay. Accident lawyers understand what victims like you are going through. They’ll visit you in the hospital or at home, and take charge of the situation so you can focus on your treatment. If an attorney won’t bother to come to you, just get someone else.
Follow doctors orders
When you file a personal injury claim, your lawyers will have to show the extent of your injuries and how badly they impacted your life. Make sure to take the medication as prescribed and do exactly what the doctor tells you. If they order bed rest, don’t post photos of a family barbeque on your social media. The other side will be checking on things like that. Next thing you know the insurance adjuster will argue you weren’t all that injured since you posted pics of you enjoying a burger, all smiling and happy.
Keep a pain journal
When you’re injured in an accident, you are entitled to get economic and non-economic damages.
The economic damages part is pretty straightforward as it includes your medical expenses and your lost wages. You have bills and payslips for that, so it’s just a question of adding them up.
The non-economic damages are a completely different story as they are meant to compensate victims for intangible things like physical pain and mental suffering. If you keep a journal or record yourself every day, your Dallas accident lawyers can use that to prove that you’ve been in pain since the accident and you’ve lost all enjoyment in life.
In Texas, non-economic damages are calculated using the multiplier method. Your economic damages are multiplied by a factor between 1.5 and 5.
Some injuries are worth more, some are worth less. For instance, if you break a leg, that will heal in something like 6 weeks. It may be unpleasant, but you can expect the insurance adjuster to value it by a factor of 1.5. On the other hand, if you have sustained an injury to your back that requires surgery and keeps you in the hospital for months, that’s worth a factor of 4, if not 5.
Who is liable for my damages?
Knowing how much your claim is worth is essential when you’re dealing with the insurance company. On the other hand, you need to determine who’s going to pay that money to you. Most truckers only carry minimum liability coverage, but your attorneys will investigate whether the trucking company may be held accountable.
If the accident was caused by a mechanical failure, they may accuse the trucking company of negligence, as fleet maintenance is their responsibility. Large trucking companies are required to carry at least $750,000 in damages or up to $5 million if they transport hazardous materials, and in Texas, they do carry plenty of flammable materials.