You can collect damages for a truck accident claim based on your injuries and the damages you suffered, which includes compensation for both your current and future expenses, losses, and other damages.
Most truck accident victims are eligible for compensatory damages, meaning a payout that compensates them for their tangible and intangible expenses and losses. These damages primarily fall into two categories:
- Economic Damages: Expenses and losses that have a monetary value, even if it is difficult to determine and may require testimony from experts to understand.
- Non-Economic Damages: Losses—such as physical suffering—that do not have a monetary value on their own but can be assigned one based on formulas and programs often used in personal injury accidents.
When it comes to compensatory damages, these damages could be recovered through an insurance claim or by filing a personal injury lawsuit.
Recoverable Damages in a Florida Truck Accident
While each accident will have its own unique list of damages, and every victim suffers unique harm, some of the common types of damages recoverable in a Florida truck accident claim include:
- Medical treatment for your accident injuries
- Necessary future medical care for your accident injuries
- Ongoing care costs, if needed
- Lost wages and future lost wages, as well as related benefits
- Loss of earning ability or capacity
- Repair of your vehicle, replacing your vehicle, and other property losses
- Rental car costs and other expenses
- Pain and suffering
- Emotional distress
- Other losses, including loss of enjoyment and loss of consortium
As a part of our investigation into your truck accident claim, we will seek and collect evidence to show the harm you suffered. This evidence includes expenses and other types of damages. We will collect medical bills, receipts, estimates, and other documents that show the value of your claim. In addition, we will analyze your medical records and work with experts as necessary to put a fair price on your future expenses and intangible losses.
Other Types of Damages Possibly Available After a Truck Accident
You may also be able to collect damages for a truck accident claim that are not compensatory in nature. Known as punitive damages, the court may assign damages meant to penalize the trucking company or another liable party for their bad behavior. These are rare in traffic accidents. However, under Florida Statute § 768.72, they may be granted if your claim involves:
- Intentional misconduct; or
- Gross negligence.
If you work with us, we can help you understand if punitive damages may be possible based on the circumstances that led to your accident.
Lastly, we sometimes seek a payout for our clients in a wrongful death claim. This action may be possible if you had a loved one who died as a result of their accident injuries. Compensation in this type of claim focuses on the losses experienced by the surviving family members. These are compensatory damages.
Distasio Law Firm May Be Able to Pursue Damages in Your Claim
At Distasio Law Firm, our goal is to always hold the liable party accountable and recover damages for our clients. We want to ensure you do not have to worry about how you will pay for your current or future medical care or other expenses related to the truck accident you played no role in causing.
Under Florida Statutes § 324.021, we are often able to pursue a claim to hold the trucking company who employed the at-fault trucker or the owner of the commercial vehicle they were driving vicariously liable for our client’s injuries. This liability may allow us to negotiate a just settlement and recover the damages our client needs based on the claim we build.
Alternatively, we sometimes need to file a personal injury lawsuit and take a client’s truck accident claim to trial. Under Florida Statutes § 95.11, we have four years from the day of the accident to file a lawsuit. However, we need to begin much sooner to ensure we have access to all necessary evidence and can prove the value of your claim.
Talk with a Truck Accident Lawyer for Free
You can speak about your truck accident claim with Distasio Law Firm for free today. We will evaluate your claim and may offer to pursue your settlement or court award on a contingency fee basis.
Call (813) 259-0022 now to get started with your complimentary consultation or to learn more about our services. We are committed to helping Florida truck accident victims recover physically, financially, and psychologically.