That would depend on how badly the client was affected, but generally speaking, their economic damages would include the cost of medical treatment, any lost income or any other out-of-pocket costs directly related to the wreck. The non-economic damages are a little bit different. That would be the pain and suffering involved in dealing with the injury and the loss of enjoyment of life, which could be attributed to activities that they are no longer able to engage in. For example, if someone has spent a lifetime golfing, fishing or even just watching their children’s Little League games, these are all things that people do outside of work for fun. This is where our Rock Hill commercial truck accident lawyer can help.
If an injury prevented someone from being engaged in those activities any longer, then that is directly affecting their ability to enjoy life. That would be the other losses that they would be entitled to. Depending on how egregious the driver’s or carrier’s behavior might be, we may also be entitled to punitive damages. These are distinct from compensable losses. Punitive damages are actually designed to punish the driver or their carrier, and that would be if their behavior was somehow worse than mere negligence. For instance, if they were reckless, then that would allow us to potentially recover punitive damages on top of the other losses.
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Without adequate representation, you are really putting yourself in a challenging situation. The insurance company or the motor carrier is generally not going to go out of their way to make sure that someone is compensated to the extent that they should be. Basically, these cases start and end with the Federal Motor Carrier Safety Regulations. Someone familiar with those is going to be best suited to handle the case and identify any potential violations of those rules. It’s those violations that get us to liabilities and even get us to the areas that have punitive damages. You definitely want somebody that is accustomed to dealing with those rules in order to identify the possible issues and really just know what to ask for because without that experience, you may not even know what to look for. I was fortunate enough to work for a motor carrier. I have a unique understanding of what it looks like from that side. Having that understanding allows me to identify what possible violations there could be. I know the ways that some carriers may attempt to work through or around certain rules, and this gives me a unique understanding in being able to identify any possible violations and knowing what to ask for as well.