If you have recently been involved in a truck accident in Missouri, it is perfectly normal to feel overwhelmed by the ensuing chaos—hospital visits, auto repair shops, insurance claims, and even police reports. What’s more, you’re likely grappling with the emotional and psychological toll that such an incident can have on you and your loved ones. If you're thinking about the kind of compensation that you might be entitled to, you are in the right place. Foster Wallace, LLC is well-equipped to guide you through the labyrinthine legal processes involved in a truck accident lawsuit. In this expanded blog, we aim to delve deeper into the kinds of damages you could recover and how to go about it.
Types of Damages in Truck Accident Lawsuits
Economic Damages
Economic damages represent the actual, tangible costs you’ve incurred because of the truck accident. The objective is to make you "whole" again financially.
- Medical Bills: This can range from emergency room visits to long-term care and rehabilitation.
- Lost Wages: If you're unable to work due to injuries, you can claim compensation for the income lost during this period.
- Property Damage: Repair or replacement costs for your vehicle or any other property damaged in the accident.
- Future Expenses: Any expected future medical costs or ongoing loss of earning capacity can also be considered.
Non-Economic Damages
Non-economic damages are more subjective and pertain to the emotional and psychological impact of the accident.
- Pain and Suffering: Chronic pain, discomfort, or even permanent disability fall under this category.
- Emotional Distress: This includes anxiety, depression, or trauma resulting from the accident.
- Loss of Enjoyment: This refers to your reduced ability to enjoy life and partake in activities you once found pleasurable.
- Consortium Loss: If the accident affects your relationship with your spouse or family, you may be entitled to compensation.
Are Punitive Damages Possible?
Though not common, punitive damages are sometimes awarded in cases where the defendant exhibited particularly reckless or malicious behavior. These damages are not designed to compensate you but to penalize the defendant and serve as a deterrent to others. If you suspect that the truck driver or company acted egregiously, consult your attorney to explore this avenue.
Factors Affecting Damage Recovery in Missouri
Comparative Fault
Missouri operates under a "pure comparative fault" system, where your compensation can be reduced by your percentage of fault in the accident. So, if you're found to be 20% at fault, any damages you recover would be reduced by 20%.
Financial Capacity of Defendants
It’s also crucial to examine whether the liable parties, especially the trucking company, have adequate insurance or assets to cover your damages. Insufficient coverage can hamper your chances of a full recovery.
Gravity of Offense
The more severe and reckless the actions leading to the accident, the more likely you are to receive higher damages, especially of the punitive kind.
Can Multiple Parties Be Liable?
Indeed, truck accident claims often involve multiple parties. This can range from the trucking company, which might have failed to enforce safety measures, to the truck's manufacturer if defective parts are found to be a contributing factor.
The Role of Insurance Companies
Remember, insurance companies are businesses first and foremost. Their priority is to minimize payouts. They might attempt to undervalue your claim or attribute a higher percentage of fault to you than is fair.
Action Steps
Never accept an insurance settlement without talking to an attorney first. The initial offer is nearly always a lowball offer. Moreover, an experienced lawyer can help you identify all potential defendants to maximize your recovery.
Why Choose Foster Wallace, LLC?
We do not just dabble in personal injury law; we specialize in it. Our expertise is in truck accident cases across Missouri and Kansas. From collecting intricate evidence, interviewing witnesses to battling insurance companies both inside and outside of the courtroom, we are your full-service legal partners.
A truck accident doesn't just damage your vehicle; it can derail your life. At Foster Wallace, LLC, we understand the intricate facets of truck accident law and are committed to getting you the justice and compensation you deserve.
If you or a loved one is navigating the aftermath of a truck accident in Missouri, do not leave your fate to chance. Contact Foster Wallace, LLC online or give us a call at 816.320.6810 to schedule your free, no-obligation consultation today.
