Tag Archives: pain and suffering

Elements of a Truck Accident Claim for Damages

 

The damages involved in a truck accident claim | The Truck Accident Lawyers

Truck Accident Claims | The Elements of Damages

When a  personal injury case is filed with the court, your  attorney will list the damages you received from the accident on the Complaint. Due to size and weight variables, vehicular impact with a commercial van, refrigerated truck, load hauling semi tractor or armored vehicle may cause serious harm, severe injuries and even death to those persons who experience an unfortunate commercial vehicular crash.

Generally speaking, an accidental encounter with a commercial vehicle may have, but is not limited to the following elements in a civil suit for damages:Call Charlie Ward at 317-639-9501

  1. Physical injuries –  Bodily injuries are often multiple and severe and may include, but are not limited to internal injuries, catastrophic brain injury, spinal cord damage, broken or severed limbs, temporary and/or permanent physical limitations and/or disabilities.
  2. Medical bills –   including emergency room and hospital services, medical treatment, medical providers, physical therapy, rehabilitation facility, blood work, radiology and medical devices.
  3. Pain & suffering – This may include severe and chronic pain
  4. Permanent impairment rating – May preclude you from returning to your job in the same capacity as before the accident or a reduced wage-earning capacity
  5. Wage loss / loss of earning capacity – past, present and future
  6. Loss of consortium – a claim for loss of companionship which may be made by your spouse
  7. Property damages – includes vehicle and personal property

 Experience negotiating with trucking industry defendant insurance companies | The truck accident lawyers

If you or someone you know has been injured in an accident involving a truck, semi tractor-trailer or commercial trucking van, you want an experienced negotiator or trial attorney working on your behalf. The truck accident lawyers at Ward & Ward Law Firm treat every claim as if it will be going to trial. What does that mean?

Our legal team prepares every case thoroughly from the initial investigation, through the discovery process,call Charlie Ward at 317–639-9501 for a free consultation.

By Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

Estimating Plaintiff(s) Non-Economic Damages in Auto, Motorcycle and Trucking Accidents

In a previous article on evaluating economic damages, I stated that “economic” damages are past and future losses including, but not limited to medical, therapeutic and rehabilitation expenses, loss of earnings, construction, transportation and medical device expenditures for those with disabilities, property damages and interment expenses from wrongful death claims. They are money losses that can be receipted or otherwise verified and analytically projected.

Non-Economic” Damages

Call Charlie Ward at 317-639-9501

Subject to the circumstances of the claim, an experienced personal injury attorney will determine if their client warrants compensation for “non-economic” losses in addition to the “economic” losses requested in plaintiffs Complaint.

Non-economic damages are also termed “quality of life” damages, synonymous with pain and suffering. Non-economic losses of pain and suffering can severely hamper the quality of life experience. It’s difficult to place a dollar amount on non-economic damages because they are subjective and cannot be verified. They are tort damages for harms which may include physical and emotional impairment, distress, damage to reputation, disgrace, mutilation or deformity, sterility, loss of organs, severe and chronic pain, loss of enjoyment of life, death of a loved one, loss of affection and many, many other intangibles. Although any plaintiff may potentially be eligible to recover for non-economic damages, they become especially significant to persons who do not earn a living outside of the home like minors, the aged and homemakers.

What is the worth of a mother or father?

For example, a homemaker’s love, guidance, companionship and services provided to his or her family cannot easily and monetarily be calculated. In the case of a homemaker, “non-economic” damages may be the only possible vehicle to compensation for their loss. And what is the monetary worth of a mother or father?

Non-Economic Damages Are Not Punitive Damages

Accidents change the lives of victims and their loved ones in considerable ways. A spouse’s emotional and bodily injuries may put excessive tension on an otherwise strong marriage; the loss of a dearly loved child—prematurely passed away because of the reckless negligence of another, has jarring and lasting consequences on families. How do you compensate a family broken from grief and loss? These scenarios are monetarily immeasurable “quality of life” issues and should not be confused with punishing or punitive damages. The availability of “Non-economic” damages offers a recovery medium for just, fair and reasonable losses.

The Statute of Limitations is Running

If you or someone you know has been injured in a motor vehicle accident, it’s important to speak with an experienced personal injury attorney as soon as possible long before the two-year statute of limitations on personal injuries runs. The law firm of Ward & Ward has over 80 years of combined experience in personal injury law including accident and wrongful death claims. Our firm receives no legal fees or expenses unless we collect damages on your behalf. Call Charlie Ward today at 317-639-9501 for a free evaluation of your claim. Our attorneys are available to speak with you.

by Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501