Can You Get Punitive Damages in a Truck Accident Case?
When you are in a truck crash, you could suffer from serious injuries that can be life-threatening. If the collision was the fault of another driver, you could hold that person responsible for any damages.
Here, we’ll discuss the punitive damages that you could receive and how to do so with the help of an experienced trucking injury law firm.
The 3 Types of Damages
In a personal injury case, damages can encompass an array of unfortunate outcomes. They may include any of your lost wages, medical expenses, pain and suffering, and any other costs incurred because of the truck wreck.
In the wake of a big truck crash, there are three main categories of damages. They include monetary, non-monetary, and punitive types.
Monetary damages cover quantifiable outcomes. Examples of what this type of award could cover include medical expenses and future medical care caused by the commercial truck wreck. You also can seek compensation for medication costs and lost wages from your time out of work.
Non-monetary matters include anything that does not have a measurable value. It includes things like pain and suffering, mental anguish, and loss of consortium. More severe outcomes like physical impairment and disfigurement fall under this term as well.
If the negligent party is grossly negligent, you could file for punitive or exemplary damages.
Under Texas law, punitive damages in big rig cases constitute punishment for the offense. The course can award punitive damages at their discretion, and usually, they do so if the offender’s behavior was especially harmful.
The state of Texas has restrictions on the amount of recovery in personal injury cases. It caps punitive damages at 200,000 dollars or twice economic damages plus any equal non-economic damages up to 750,000 dollars. However, this limit does not apply in big truck accident cases where the act that caused the injury was a felony.
Depending on the case, the amount of recovery may vary. Keep in mind that there is no limit on the money for non-economic issues, like mental anguish or pain and suffering.
Could You Be Entitled to Punitive Damages?
Since every big truck crash case is different and has a unique set of evidence, only a judge can decide if you are entitled to punitive damages. By having an experienced 18-wheeler attorney on your case, you’ll have a good idea of the type and amount for which you are eligible. Ultimately, you must prove gross negligence in a truck accident to get awarded.
Call One of the Best Truck Accident Lawyers in Houston
If you or a loved one has been in a commercial truck crash, call a car collision law firm in Houston, TX today, our seasoned experts can review the evidence and gather all the testimony you need to get every damage eligible in your case.
Whether you have suffered from physical injuries, mental anguish, or pain and suffering after an 18-wheeler accident, you should receive the fair settlement you deserve.
Call Joe Stephens to get a seasoned lawyer on your big rig accident case today.
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