18 Wheeler Accident Damages and Compensation

18 Wheeler Accident Damages and Compensation can range widely depending on actual wreck. Every case has to be evaluated from the perspective of the injured party. Experienced personal injury lawyers have to personalize the case to their client’s life and circumstances.
This requires a level of empathy for what the client has gone through as a result of the trucking accident. This is where the Beltz Law Group excels. Our staff of attorneys and assistants are trained daily on ensuring that centerpiece of each accident case is the client’s story.

Types of Injuries Caused by 18 Wheeler Accidents

Being involved in a trucking accident can lead to a wide range of serious injuries due to the sheer size and weight disparity between large commercial trucks and passenger vehicles. Some of the common types of injuries a person may sustain include:

Catastrophic Injuries:

• Traumatic Brain Injuries (TBI): These can range from mild concussions to severe brain damage, impacting cognitive function, memory, emotions, and physical abilities.
• Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis (paraplegia or quadriplegia), loss of sensation, and other neurological deficits.
• Amputations: The force of impact can cause limbs to be severed, or severe crushing injuries may necessitate surgical amputation.

Severe Physical Injuries:

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  Fractures (Broken Bones): These are common due to the immense forces involved and can occur in any part of the body, including arms, legs, ribs, skull, and pelvis. Complex fractures may require surgery and extensive rehabilitation.

• Internal Injuries: Blunt force trauma can damage internal organs such as the spleen, liver, kidneys, lungs, and heart. Internal bleeding may not be immediately apparent but can be life-threatening.
• Severe Burns: Truck accidents, especially those involving flammable materials, can result in severe thermal or chemical burns, leading to significant pain, scarring, disfigurement, and long-term complications.
• Crush Injuries: When a body part is trapped between heavy objects, it can suffer severe tissue damage, nerve damage, and potentially lead to compartment syndrome or amputation.

Soft Tissue Injuries:

• Whiplash: A sudden jolt can cause the head and neck to move violently, resulting in sprains and strains of the neck muscles and ligaments.
• Lacerations and Contusions: Cuts and bruises can range from minor to severe and may result from contact with broken glass, metal debris, or the impact itself.

Other Potential Injuries:

• Back Injuries: These can include herniated discs, spinal fractures, and chronic back pain, significantly limiting mobility and quality of life.
• Neck Injuries: Besides whiplash, more severe neck injuries can involve nerve damage and chronic pain.
• Joint Injuries: Knees, shoulders, and wrists are susceptible to sprains, dislocations, and other damage from the force of the collision.
• Dental Injuries: Impact can cause broken, chipped, or lost teeth.
• Seat Belt and Airbag Injuries: While these safety devices are crucial, they can sometimes cause injuries like bruising, chest pain (from seat belts), or facial abrasions (from airbags).

Emotional and Psychological Trauma:

Beyond the physical wounds, many truck accident victims suffer significant emotional and psychological distress, including:

• Post-Traumatic Stress Disorder (PTSD)
• Anxiety
• Depression
• Sleep disturbances
• Flashbacks

It’s crucial for anyone involved in a trucking accident to seek immediate medical attention, as some injuries, like internal bleeding or TBIs, may not present symptoms immediately. Furthermore, the long-term effects of these injuries can be substantial, impacting a person’s ability to work, maintain relationships, and enjoy life.

Categories Of Compensation For 18 Wheeler Accidents

Categories Of Compensation For 18 Wheeler Accidents is physical pain, past pain, future pain, mental anguish, disfigurement, physical impairment, medical expenses, loss of earning capacity, loss of consortium and loss of service.  Beltz Law is experiences in categories of compensation for 18 wheeler accidents. Types of damages.  The types of damages that can be awarded for personal injury include the following:

Categories Of Compensation For 18 Wheeler Accidents

Categories Of Compensation For 18 Wheeler Accidents is physical pain, past pain, future pain, mental anguish, disfigurement, physical impairment, medical expenses, loss of earning capacity, loss of consortium and loss of service.  Beltz Law is experiences in categories of compensation for 18 wheeler accidents.

Types of damages.  The types of damages that can be awarded for personal injury include the following:

1. Physical pain.
   • In a personal-injury case, a plaintiff can recover damages for past and future physical pain. It is within the jury’s discretion to decide whether pain and suffering occurred and how much compensation is appropriate.  To prove past physical pain, the plaintiff can testify about the pain or introduce other evidence of it.  Even when there is no direct evidence of pain, the jury may infer that pain occurred from the nature of the injury.  The law assumes that physical pain results from a serious injury.  But the law does not assume physical pain for a minor injury that is accompanied only by conflicting, scant, or subjective complaints of pain.
     • Past pain.  Damages for past pain and suffering are general damages and do not need to be specifically pleaded.
     • Future pain.  As a general rule, damages for future pain and suffering should be specifically pleaded.  However, if the allegations in the pleading indicate that the pain will be ongoing, it may not be necessary to specifically plead future pain and suffering.  To prove future physical pain, the evidence must show there is a reasonable probability the injury will continue to affect the plaintiff in the future.  Damages for future pain may be extrapolated from the damages awarded for past pain, based on evidence presented about past pain.  The mere possibility of future pain is insufficient to prove damages for future pain.
2. Mental anguish.
   • In a personal-injury case, a plaintiff can recover damages for past and future mental anguish.  Mental-anguish claims have long been distrusted by the common law, which early on did not permit their recovery.  Because mental-anguish damages are inherently subjective, they present a potential for false claims.  Mental-anguish damages were first awarded in cases in which the plaintiff could prove a physical impact that resulted in a physical injury.  As an exception to the physical-impact rule, mental-anguish damages were permitted when the mental anguish was the result of a particularly disturbing or upsetting event.  As a later development, mental-anguish damages were permitted when the mental anguish was itself physically manifested, even though there was no physical impact or disturbing event.  A plaintiff can recover mental-anguish damages if she was physically injured. Mental-anguish damages are also recoverable for the aggravation of preexisting medical conditions.  Mental-anguish damages without proof of physical injury into three categories: (1) cases involving intentional or malicious conduct, (2) cases involving the breach of a duty arising from a special relationship, and (3) cases involving particularly disturbing events.  Damages for past mental anguish are general damages and do not need to be specifically pleaded.
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   Disfigurement.

   • Disfigurement is recognized as a separate element of recovery from pain and suffering, mental anguish, and loss of earning capacity.  The term “disfigurement” is defined as that which impairs or injures the beauty, symmetry, or appearance of a person or thing, or that which renders unsightly, misshapen, imperfect, or deformed in some manner.  The amount of damages is measured from the date of injury to the time the disfigurement is expected to end.  Damages for disfigurement are general damages and do not need to be specifically pleaded. However, the allegations in the plaintiff’s petition should give the defendant fair notice of the claim for disfigurement.
4. Physical impairment.
   • Physical impairment is defined, somewhat abstractly, as including “loss of enjoyment of life.” Physical impairment encompasses the inability to participate in sports, hobbies, or other recreational activities.  Damages for physical impairment are special damages and must be specifically pleaded.
5. Medical expenses.
   • To prove medical expenses, the plaintiff must present evidence about the medical expenses related to treatment for the injury caused by the defendant.  If evidence is presented that implicates medical expenses for other possible causes of the plaintiff’s injury, the plaintiff must offer evidence excluding those causes with reasonable certainty.  To recover for past medical expenses, the plaintiff must prove (1) the expenses were necessary to treat the injury and were reasonable in amount, and (2) the expenses were paid or incurred by or on behalf of the plaintiff.  The plaintiff can prove their past medical expenses were reasonable and necessary either by expert testimony or by an affidavit of past expenses.  Ordinarily, expert testimony is needed to establish that medical expenses were reasonable and necessary.  An affidavit from the treating doctor is considered proper proof by affidavit that charges for services were reasonable and necessary.  To recover for future medical expenses, the plaintiff must show there is a reasonable probability that expenses resulting from the injury will be necessary in the future.  To make this showing, the plaintiff must provide evidence of two distinct elements: (1) a reasonable probability the plaintiff will incur future medical expenses, and (2) the reasonably probable amount of the future medical expenses.  The amount of future medical expenses is within the discretion of the jury.  Thus, the jury can decide the amount of future medical expenses based on (1) the injuries suffered, (2) the medical care rendered before trial, (3) the injured party’s progress toward recovery under the treatment received, and (4) the condition of the injured party at the time of trial.
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   Loss of earning capacity.

   • To understand loss of earning capacity, it is important to distinguish loss of earning capacity from loss of earnings. Loss of earning capacity is the plaintiff’s diminished ability to earn a living.  Loss of earnings is the loss of actual income because of the inability to perform a certain job that the plaintiff held before the injury.  Even an unemployed person can recover for lost earning capacity.
7. Loss of consortium.
   • Loss of consortium is based on the loss of love, affection, protection, emotional support, companionship, care, and society that can occur when a family member is injured.  A spouse can recover for loss of consortium.  A child can recover for loss of consortium when the parent suffered serious, permanent, and disabling injury or death.  A parent can recover for loss of consortium for the death of a child.
8. Loss of services.
   • “Services” refers to the performance of household and domestic duties.  A spouse can recover for loss of services of the injured spouse.  A parent can recover for loss of services of an injured child.  Damages for loss of services are special damages and must be specifically pleaded.

The reality is that in our legal structure, many times the only way a victim can be made “whole” again is by compensation from the guilty party. We understand that these accidents can destroy lives so much so that no amount of compensation will ever make it right. However, because we must work within the structure of our legal system, we can help you recover money for your pain and suffering. Compensation is what you hire an attorney for. Compensation is what we strive to obtain for you to help you get through this difficult time and back on your feet.

We can also help you find appropriate medical care to help you recover from your injuries. We have worked with many trauma doctors that are skilled in helping you rehabilitate your injuries, and would be glad to share their information with you. Many times they will work on a letter of protection which means you will not have to pay until you have recovered a money settlement from the insurance company.

We understand that trucking companies have large insurance companies that are paid to protect them even when they have acted negligently in an accident. We also understand that if you have been injured in an accident with an 18 wheeler you are going to need a lawyer who can act quickly to maximize any personal injury damages you may be entitled to. We are truck accident lawyers you can depend on to work hard for the best possible monetary result.

It is always our goal to maximize any recovery you are entitled to. Further, we are not able to accept any offer of settlement without your express approval. This is a cooperative effort between you and the Beltz Law Firm to make sure that every opportunity is taken to get you the money you deserve for the injuries incurred as a result of a trucking accident in Texas. Give us a call now if we can be of assistance to you.