After a truck accident in Atlanta, you’re entitled to pursue a range of damages to address the impact the accident has had on your life. These damages fall into two primary categories: economic and non-economic. The most common of these are medical expenses, lost income, and pain and suffering, but there are other damages that you may qualify to receive.
You could consult with an Atlanta truck accident lawyer, and they can determine which damages you can recover in a truck accident claim in Atlanta.
Economic Damages in Your Atlanta Truck Accident
Economic damages are the financial losses truck accident victims sustained due to an accident. They’re calculated based on the actual monetary impact the incident has had on your life. Your settlement should compensate you for all your direct financial setbacks.
The goal of any settlement is to restore you to the financial position you were in prior to the accident. In truck accident cases, these damages play a crucial role as they offer a tangible measure of the economic burden imposed on you.
Economic damages are objective, grounded in bills, receipts, and financial statements that document the economic toll of the accident. Your economic damages may include:
Medical Expenses
From immediate treatments post-accident to long-term rehabilitative care, you can recover costs for all medical-related expenses. These medical bills encompass:
- Emergency room visits
- Surgeries
- Physical therapy
- Prescription medications
- Future medical care linked to your injuries
Lost Wages and Earning Capacity
If your injuries prevent you from working, you can claim compensation for the income you’ve lost during your recovery period. Additionally, if your ability to earn in the future is compromised, you can seek damages for lost earning potential.
Property Damage
Compensation can cover repairs or replacement of your vehicle and any other personal property damaged in the accident.
Long-Term Care Costs
For severe injuries requiring ongoing care, such as at-home nursing or long-term residential care facilities, these expenses are recoverable.
Rehabilitation Costs
Costs for physical or occupational therapy, counseling, and any specialized rehabilitation programs are included.
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Truck Accidents FAQs
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Non-economic damages represent the intangible and subjective consequences of an accident, focusing on the personal, non-monetary impact on your life. These damages acknowledge the emotional, psychological, and quality-of-life losses that don’t come with a specific price tag but significantly affect your well-being.
The principle behind non-economic damages is to offer compensation for the pain, suffering, and emotional distress that result from the accident, recognizing that the harm caused extends beyond financial losses.
Non-economic damages are evaluated based on their severity and the extent to which they alter your life. The goal is to provide you with a measure of relief for the profound, though less visible, effects of the incident. Your non-economic damages may include:
Pain and Suffering
This covers the physical pain and emotional distress experienced due to the commercial truck accident, including ongoing discomfort and mental anguish.
Loss of Consortium
If the accident impacts your relationship with your spouse or family, you can claim damages for loss of companionship or support.
Quality of Life
If your injuries limit your ability to enjoy hobbies, daily activities, or life pleasures, compensation for this loss is considered.
PTSD and Psychological Distress
Traumatic accidents can lead to psychological effects like PTSD, anxiety, and depression, which are compensable.
Wrongful Death Damages Following a Fatal Atlanta Truck Accident
In tragic cases where a loved one has died due to a truck accident, family members can pursue wrongful death claims. These can include compensation for:
- Funeral and burial costs
- Lost income and support
- Medical expenses incurred before death
- Non-economic damages related to grief and loss of companionship
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How a Truck Accident Attorney Can Help You Recover Damages
A personal injury lawyer in Atlanta can provide you with a number of services related to building your truck accident claim and pursuing fair compensation for your damages. They can:
- Gather and analyze evidence to establish liability.
- Assess all your current and future damages to ensure every loss is accounted for.
- Handle all negotiations with the insurance companies to secure a fair settlement.
- File a lawsuit and represent you in court if necessary to fight for your rights.
- Provide legal advice and guide you through the legal process, ensuring you make informed decisions.
Additionally, most truck accident lawyers offer a free initial consultation.
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You Do Have a Time Limit on Pursuing Damages
Under O.C.G.A. § 9-3-33, the law limits the time to file a personal injury lawsuit to two years from the date of the accident. If you lost a loved one, you have the same deadline.
It’s important to begin the legal process as soon as possible to ensure your rights are protected and to avoid missing this critical deadline. Missing this deadline means your case could be barred from the courts, and you will lose the ability to pursue compensation through the court system.
Georgia Is a Modified Comparative Negligence State
Georgia follows a modified comparative negligence rule. This system allows you to recover damages if you’re less than 50% responsible for the accident. However, your financial compensation will be reduced by your percentage of fault.
A personal injury attorney could protect you from an insurance company placing a greater degree of fault on you.
There Could Be Multiple Liable Parties in Your Truck Accident
One of the complexities of a truck accident is the multiple people and companies that may be involved. Unlike a typical car accident where one driver is often at fault and liable, the liable parties in a truck accident could include:
- The truck driver
- The truck company
- The cargo loading company
- The maintenance crew
- A parts or vehicle manufacturer
Liability could also fall on another passenger vehicle operator if they were negligent.
Call Bader Scott Injury Lawyers About the Damages You Could Recover
For more detailed information or to discuss your specific case, contact Bader Scott Injury Lawyers for a free consultation. Let us help you navigate your legal journey and work towards securing the compensation you deserve.
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