Any wreck involving a large truck and a passenger car can be catastrophic for the driver of the passenger car because of the sheer size difference between the vehicles. Add in the possible danger from the truck’s cargo, and the danger increases even more.
So naturally, accident victims should pursue compensation for their injuries and damages, and may wonder how to account for all of their damages to accurately assess their claim’s value. Below is a brief guide to the types of damages to consider when filing a truck accident claim.
Add Up All of Your Costs and Losses: Current and Future
To determine the value of your case, include all the damages from the past, present, and future. So don’t only account for your hospital bills immediately after the accident and those you expect after your surgery. Also consider if your injuries will have lasting effects that require future or continued care. Being as though many truck accidents cause serious injuries, many victims end up with substantial future medical costs.
The same goes for your wages. If you already missed work for a few months during your recovery, you’ll surely include those lost wages when calculating claim value. But also consider for how long your injuries will continue to keep you from returning to your job. And don’t forget to consider if your injuries will have any impact on your earning capacity.
Property damage plays a large role in determining the value of your case, too. Property damage includes your vehicle and any items in your car, such as a laptop or other items of value such as a cell phone, so be sure to account for these items as well.
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Take Noneconomic Damages into Account
You may also include noneconomic damages when calculating claim value. These are damages without a readily-available price tag or cost.
Common types of noneconomic damages include:
- pain and suffering;
- mental anguish;
- loss of quality of life; and
- loss of consortium.
Talk to your attorney to get a better idea of how to gauge the value of these damages, as they can vary greatly depending on the circumstances of your case.
Your Own Fault Can Affect Claim Value
Another factor when determining the value of your case is to look at your percentage of responsibility for the accident. Whatever contribution you made under 51 percent will be deducted from your damages. Ohio law says if you are 51 percent or more at fault for the accident, you collect nothing.
So if you’re 20 percent responsible for the accident and your total damages add up to $100,000, instead of collecting the full amount you may only collect $80,000.
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Call Bressman Law for Help Valuing Your Claim and to Get Started
Columbus’s Bressman Law helps truck accident victims investigate and then establish their claim value through proper evidence like medical records, work records, expert testimony, and much more. If you have been injured in a trucking accident and need to discuss your options, call Bressman Law at 877-538-1116 to set up a free consultation.
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