All auto wrecks can result in severe harm to a victim. This is especially true in cases involving a truck accident. It almost goes without saying that the typical passenger car is no match for an oncoming semi. Understanding the different types of injuries which can result from such an accident is important to knowing what you should expect from the legal process. This article will discuss the most common injuries which truck accident victims suffer, what to expect while you are treating your injuries, and how your damages will be calculated in such a matter.
Common Injuries in Truck Accident Cases
Wrongful Death
It is common for trucking accidents to result in the wrongful death of the victim. If a semi hits a passenger car at a higher speed, there is a good chance that the victim’s vehicle will be propelled a significant distance. Furthermore, if a truck makes an illegal lane change and crushes a car into a barrier then it is possible that the victim’s vehicle will be completely crushed. Even in situations where the victim does not pass away at the scene, complications from severe injury can lead to the unfortunate loss of life.
Head Trauma
If a victim suffers a severe blow to the head then they may suffer a traumatic brain injury (TBI). This can result in permanent memory loss, a lack of equilibrium, problems using one’s extremities, and more. Even if one does not suffer such a serious brain injury, they may very well receive a concussion. This can cause grogginess and a loss of mental acuity. Even minor head injuries can have symptoms which linger for a long period of time.
Spine and Neck Injuries
Injuries to the neck and spine can result in damage which ranges from short-term tingling in your joints to permanent paralysis. Treatment for these types of injuries can involve numerous surgeries as well as the permanent fusing of joints. If an accident has caused your neck or spine to be compacted, or twisted in an unnatural way, then it is vital that you seek immediate medical care.
Other Injuries
There are several types of serious injuries besides those listed above. Being hit by a semi truck can easily result in broken bones, extreme damage to your joints, cuts, and emotional trauma. The rehabilitation from any serious injury can be lengthy and the victim may very well suffer permanent scarring. Furthermore, it is not uncommon for a victim to be not quite the same again if they require reconstructive surgery.
Treating Your Injuries After a Truck Accident
Those who have suffered any of the injuries listed above will likely face a lengthy treatment process. Victims often have to undergo multiple surgeries and it is typically not known for some time whether or not they will make a full recovery. The fact that a victim must treat for a significant period of time is a significant consideration in such matters. This is due to the fact that no settlement offer should be accepted until you have a reasonable degree of certainty as to the extent to which you will fully recover. If you accept an early settlement, out of a belief that you will make a full recovery, then you will go without needed compensation if you do not fully regain your health. This can mean not having needed money for lost wages, medical expenses, and more.
Damage Calculations For Injuries Sustained in a Truck Accident
There are several aspects which factor into the calculation of your damages after a truck accident. A victim will be entitled to remuneration for past and future lost wages, past and future medical expenses, as well as pain and suffering. If the driver of the truck, as well as the owner, were truly reckless in the conducting of their affairs then punitive damages may also be appropriate. While tallying medical bills which have already been paid, and wages which have already been lost, is straightforward, the determination of future losses is not. An assessment of future medical needs, as well as of future lost wages, will typically require an assessment from expert witnesses. Should the matter go to trial, then the weight of an expert’s opinion about the future will be determined by the jury.
The damages awarded for a serious injury can be substantial. If, for example, the victim is unable to return to the workforce then they must be compensated for a lifetime of lost earnings. This is in addition to the emotional trauma which will accompany having to live life in such a state. In extreme cases, which result in wrongful death, the surviving family members may bring an action. In addition to being compensated for a lifetime of lost earnings and incurred expenses, such family members can be compensated for the loss of companionship.
A final point on the topic of damages is that any award will be reduced by the victim’s share of fault for the accident. Under Florida’s comparative fault law, if a victim is no more than fifty percent responsible for the accident then they can still receive compensation. If, for example, a victim suffers $100,000 in damages, and the jury finds that they were twenty percent responsible for the accident, then the victim will recover $80,000 ($100,000 – 20 percent). If it is found that the victim was more than fifty percent at fault for the accident then they will recover nothing.
Contact a Florida Truck Accident Attorney Today
If you have suffered a serious injury due to another’s negligence then it is important that you immediately protect your rights. This is especially true in cases involving a semi as such matters can involve multiple parties and will become quite complicated. Our firm is dedicated to protecting the rights of individuals and we take pride in the service we offer. Contact us online to speak with a Florida truck accident attorney or call us at 561-285-8745 today.
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