Damages In A Trucking Accident Injury Claim
What Damages Might I Be Able To Recover From My Severe Trucking Accident Injuries?
If you have sustained severe injuries in a trucking accident, various types of damages may be recoverable, including:
Past and future medical expenses
Past, Present and Future Pain and Suffering
Loss of enjoyment of life
Loss of consortium, if you have a spouse
Lost past, present, and future wages
Scarring and disfigurement
And more…
In the unfortunate event of a death, the damages become more complex. The loss of consortium extends to include loss of support and guidance. Another claim that can be made is a survival action if the person didn't die immediately. In such a scenario, you might be eligible to claim for the victim's pain and suffering, loss of earnings, and other damages sustained up to the moment of death, including fear, or mental anguish during the ordeal.
For wrongful death, potentially recoverable damages include loss of love, affection, companionship, services, support, as well as medical and funeral expenses. For a deceased child, factors such as the closeness of ties between the parties, the age of the child, the parents' station in life, the likelihood and degree of future support, the child's intelligence, and future life prospects are taken into consideration when determining the award amount.
Lastly, it's crucial to know who is eligible to claim in a wrongful death case. The order of potential claimants is as follows:
Surviving spouse and children (they can claim together)
Surviving parents of the deceased (if there's no spouse or children)
Siblings (if there are no parents)
Grandparents (if there are no siblings)
Each successive group can only claim if the previous group is absent.
What Is My Louisiana Trucking Accident Case Worth, And How Are Future Medical Costs Calculated?
Determining the worth of a trucking accident case depends on numerous factors. We begin with the assumption that you are not at fault and that the other party, presumably the truck driver, is responsible for the accident. The first thing to ascertain is the available insurance coverage. Usually, a freight vehicle will have coverage of $1 million per vehicle collision, $5 million per accident. Vehicles carrying hazardous materials (hazmat vehicles) are required to have a minimum of $5 million in coverage.
The minimum limits set by Congress under the Congressional Act dictate that all commercial vehicles, such as 18-wheelers, must carry at least $750,000 in coverage per vehicle, although many insurers offer policies of $1 million/$5 million. For a vehicle involved in interstate or foreign commerce with a gross vehicle weight rating of 10,000 or more pounds carrying non-hazardous property, there must be at least $750,000 in coverage. If the same vehicle is carrying hazardous substances, the coverage requirement rises to at least $5 million.
Bear in mind that there can be multiple policies, known as excess policies, behind the primary policy, depending on the company's size. These excess policies can stack up to a hundred million dollars. However, the amount you're entitled to would depend on the case specifics.
The final sum of your case value is dictated by 9 members of the jury agreeing on each line item on the verdict form. (A different set of 9 can agree on each as long as they total 9). Those line items consist of the things previously discussed, pain and suffering, loss of enjoyment of life, loss wages, medical bills and future medicals. Future medicals individually are established via the collaboration of the treating physician, Life Care Planner and Economist. The treating physicians make recommendations regarding the nature of the care. The Life Care Planner places a dollar value on the recommended care. And the economist adjust the present dollar value of the care for inflation and future depreciation.
Is It True Commercial Vehicles Tend To Have Significantly Larger Insurance Policy Limits Than Individual?
Commercial vehicles typically have larger insurance policy limits compared to individual policies. In Louisiana, motor vehicles generally start with coverage of $15,000 per person, $30,000 per accident, escalating to $25,000 per person, $50,000 per accident, and so on up to $250,000 per person, $500,000 per accident. This is usually sold with a personal umbrella liability policy (known as a PLUP policy) of around a million dollars.
In contrast, trucking policies are larger, with the legal minimum set at $750,000, escalating to $1 million and then to $5 million, depending on the type of freight and the vehicle's weight.
For more information on Damages In A Trucking Accident Injury Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (225) 267-9729 today.