What damages are recoverable in a Smyrna truck accident claim depends on:
- The extent of your physical and mental injuries
- How much money the accident cost you
- Whether you lost a loved one
- What evidence is available to help your Smyrna truck accident lawyer build a case that proves you are entitled to recover damages
You don’t have to recover compensation alone after suffering severe injuries in a truck accident. Instead, you can consult and hire a personal injury attorney to handle everything. Bader Scott Injury Lawyers offers free consultations where you can explore your options and learn more about the claims process.
Recovering Economic Damages in a Smyrna Truck Accident Claim
Your monetary losses can put a major and unexpected strain on your family’s financial stability. For example:
- You need medical care for your injuries. Your health insurance may or may not cover everything you need. The more serious your injuries, the more you might need to spend on treatment.
- Unless you were a pedestrian at the time, your vehicle likely also suffered damage. You may have to get your vehicle repaired or replaced and, in the meantime, rely on other modes of transportation to get around.
- Your career is on the line. Missing even a few days can deprive your family of necessary income. If you miss more than that, you could lose your job or face long-term financial struggles.
Compensation for economic damages offers the money you need to access medical care, pay your bills, and make ends meet. Your personal injury lawyer calculates these losses by reviewing injury-related receipts, bills, and invoices.
Why Should You Include Economic Damages in Your Accident Claim?
If the liable party had not chosen to behave so negligently, you would be in a much stronger financial position than you are today. Since you did not cause your injuries, it is unfair that you should pay for them. A settlement would enable you to receive treatment and support loved ones without worrying where the money will come from.
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Recovering Non-Economic Damages in a Smyrna Truck Accident Claim
A settlement or court award should offer more than money for your economic damages. It should also account for how the accident affected your quality of life. You could recover losses (such as pain and suffering) if:
- Your injuries cause a range of symptoms—such as pain, stiffness, and mental trauma—that range from inconvenient to debilitating.
- Your injuries prevent you from doing everything that you normally do, such as playing with your kids, taking care of pets, or hanging out with friends.
- Your relationship with close relatives has suffered in some way. You may not be as emotionally present as you once were, or you may have trouble maintaining intimacy with your partner.
Why Should You Include Non-Economic Damages in Your Accident Claim?
Seeking non-economic damages cannot heal your injuries or make your pain and suffering go away, so why ask for them? Including non-economic damages in your claim emphasizes how much damage the at-fault party did to your well-being. It also forces the liable party to acknowledge and pay for the consequences of their actions.
Wrongful Death Damages in Smyrna Truck Accident Claims
If your loved one lost their life in a truck accident in Smyrna, are the types of damages listed above still available to you? That depends:
- If your loved one completed a personal injury claim of their own prior to their passing, you are not eligible for any damages they already recovered.
- If your loved one began a personal injury claim but passed away before they could see it through, you can collect whatever damages they were seeking.
- If your loved one never took any legal action at all, you can file for whatever damages they would have been eligible to collect.
Recoverable Damages in Wrongful Death Claims
In addition to the damages already discussed, wrongful death claimants may be eligible for losses such as the following:
- The income that your loved one contributed to their household
- The cost of settling your loved one’s estate and laying them to rest in the manner they deserve
- The loss of your loved one’s companionship, including their affection, comfort, and presence in your daily life
Why Should You Seek Wrongful Death Damages After a Truck Accident?
It goes without saying that money cannot replace your loved one or bring them back. That is not the purpose of seeking compensation. Rather, your claim holds the liable party to account for their negligence, empowering you to seek justice for your loved one.
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How Your Lawyer Calculates Your Claim’s Value
Now that you have a better understanding of what damages are recoverable in a Smyrna truck accident claim, you can start to see how your personal injury attorney might determine your claim’s worth. To learn what you’re owed, your lawyer can:
- Identify the liable party: While you can seek a settlement from your own insurance provider, you may get more money if you file a claim against the liable party.
- Collect testimony: You can tell your lawyer everything you know about the collision. Then, your representative can speak with anyone familiar with your injuries (e.g., your doctor or your relatives). They can also recruit experts to talk about the economic or non-economic impacts of your injuries.
- Collect documentary evidence: Paperwork from your doctor, your mechanic, or your employer can show what treatments you need, what damage your vehicle sustained, and what effect your injuries have had on your ability to work, respectively.
- Incorporate past and future losses: If your injuries are serious enough, they may continue to affect you for years to come. Your lawyer should estimate how much you will likely lose in the future and include that amount in your claim.
You should only settle if and when the insurer makes an offer that is commensurate with your losses. A truck accident lawyer can explain if and when it makes such an offer.
After Two Years, Truck Accident Damages Are No Longer Recoverable
O.C.G.A. § 9-3-33 sets a two-year deadline for recovering damages. In other words, you have two years to file a legal action, or the state of Georgia will not recognize your case as legitimate.
It is generally a good idea to seek legal advice right after you get medical care. This gives your attorney the maximum allotted time to figure out how to approach your case.
Your Injuries Play a Significant Role in Your Claim’s Value
While calculating what constitutes a fair settlement, your lawyer will consider many factors—namely, the type of injury you suffered. The more medical costs you incurred, the more you can demand from the liable party.
These conditions could increase your settlement’s value and warrant significant compensation from the liable party:
- Spinal cord injuries
- Emotional distress arising from post-traumatic stress disorder
- Permanent brain damage
- Broken bones (particularly compound fractures)
- Internal organ damage
- Internal bleeding
- Head injuries, such as skull fractures
Other bodily injuries also entitle you to financial compensation.
Ready to Recover Damages After a Smyrna Truck Accident?
If you are, or if you want to find out more before making a final decision, Bader Scott Injury Lawyers would like to help. Start by calling our office for a free consultation. Once you hire us, our legal team can share what damages are recoverable in your Smyrna truck accident claim and how we can pursue that money on your behalf.