If you were in a wreck caused by a trucker and suffered bodily harm and other losses, you have the right to pursue compensation to cover your losses. Because of the substantial size and weight difference between heavy commercial vehicles and regular passenger cars, injuries and property damage in a crash are often severe. Federal and state laws regulate the trucking industry, and operators must remain professional at all times while driving to avoid causing preventable collisions.
Call us today to speak with an experienced attorney for more information about damages in Memphis truck accident cases. The Law Office of David E. Gordon & Elissa M. Coombs will help you navigate the claims process and fight for a fair outcome.
Types of Monetary Compensation
Monetary damages are the settlement the civil court awards to the injured person after they establish fault in personal injury cases, including claims against commercial truck drivers. The regulations are meant to compensate victims who suffer losses due to the negligence or wrongful actions of another party.
Ultimately, the civil court aims to return the injured party to the position they were in before the accident—or as close to their original state as possible. The monetary award consists of two primary categories, as outlined below.
Economic Damages
Economic or special damages refer to the calculable financial losses that the victim must pay out of pocket. They are a quantifiable monetary value, verifiable through hospital bills, medical records, and repair estimates. They include medical expenses such as past, current, and future healthcare costs, as well as emergency room visits, doctor visits, surgical procedures, physical therapy, and prescription devices and equipment.
Lost income also falls in this category and entails compensation for the time the client must miss work to recover from their injuries. It can also include loss of benefits and earning capacity if they sustain a long-term or permanent disability preventing them from returning to work. Other out-of-pocket expenses may include transportation costs related to healthcare and modifications to homes or vehicles.
Non-Economic Damages
Non-economic or general damages are compensation for the injuries that are more subjective and challenging to quantify, such as:
- Physical discomfort, anguish, pain, and suffering
- Emotional, mental, and psychological injuries, such as anxiety, depression, and post-traumatic stress disorder
- Loss of enjoyment of life due to the inability to participate in activities or hobbies the individual enjoyed before the accident
- Changes and limitations caused by permanent scarring, disabilities, or disfigurement
- Negative impact on the individual’s relationship with their partner or spouse, called loss of consortium
- Loss of the ability to care for their children and family
David and Elissa can thoroughly review the evidence in a Memphis client’s truck crash case and answer more questions about damages in a claim.
Shared Fault After a Truck Crash
The state’s personal injury statute follows a comparative fault rule for cases involving shared fault. Under Tennessee Code § 29-11-107, when the injured person shares liability, they are still eligible to obtain a settlement from the defendant as long as their portion of the fault is less than 50 percent. However, the court will subtract their part of the liability from the settlement amount.
If the court finds the injured party is more than 50 percent responsible, it will bar them from recovering compensation for their injuries and losses. David and Elissa can provide sound legal advice to clients injured in Memphis truck wrecks and guide them throughout the process of recovering damages in their case.
Contact a Memphis Attorney About Damages in Truck Crash Cases
The much greater size and weight of commercial trucks compared to passenger cars can often make crashes and the resulting injuries severe. When the thoughtless actions of a trucker cause an avoidable wreck, you have every right to expect compensation for your injuries and losses.
An experienced lawyer knowledgeable about damages in Memphis truck accident cases can guide you through each step and advocate for a just settlement. Call The Law Office of David E. Gordon & Elissa M. Coombs today to schedule your free consultation and learn more about the process of obtaining a settlement.
