You may be able to recover additional damages in a truck accident claim.
Non-economic damages are not easily quantified because they include intangible losses like pain and suffering. If you were injured in an accident involving a large truck, you might be able to recover non-economic damages on top of economic ones.
However, dealing with lawsuits is not an easy task. To file a truck accident claim, you need to gather a ton of documents that prove your innocence and win you fair compensation.
Here Are Five Non-Economic Damages Recover In A Truck Accident Claim
The following is an overview of a few examples of non-economic damages that you are entitled to after the accident:
1. Loss of Consortium
This is something that a victim’s family can demand. Loss of consortium is the loss of benefits suffered by the family due to the injuries to their loved one. Parents, spouses, or children are all eligible to file this type of claim. However, only intimate and close relations have a right to this claim.
Friends or colleagues cannot initiate it. Most siblings cannot initiate this claim. However, if they were already receiving benefits from the victim, only then can they file this claim.
Moreover, in some states, the court only accepts this claim if made by the surviving children. However, under special circumstances, it can also be made by the spouse, like in Florida.
2. Pain and Suffering
Pain and suffering are subjective experiences. It’s not about the injury itself but how you feel about it. In other words, pain and suffering are not just about how much pain you are in—it’s also about how much pain you have suffered.
The difference between these two concepts is important because if someone has to undergo surgery for an injury but doesn’t feel any discomfort during or after surgery, this would indicate that they did not suffer any form of physical damage and therefore don’t qualify for compensation under this category.
3. Mental Anguish
Mental anguish is a broad term that can include a range of emotions, including anxiety, depression, and fear. It also includes the physical symptoms that accompany these emotions, such as headaches and nausea.
The injury suffered by a victim in a truck accident may cause them to feel grief over their loved one’s death or other losses they have experienced due to the crash. This type of emotional suffering is subjective and difficult to quantify—some people will experience more intense feelings than others.
In some cases where you can prove that your injuries caused mental anguish as well as physical ones (such as post-traumatic stress disorder), those damages may be recoverable under tort law rather than worker’s compensation laws if you were working at the time your claim was filed.
Inconvenience is a type of non-economic damage. It means that you have been inconvenienced by the accident but not physically injured.
The most common examples include:
- Losses in time and money spent on medical treatment or traveling to and from appointments with doctors, therapists, and others
- Time lost at work due to doctor’s appointments.
5. Loss Of Enjoyment Of Life
Loss of enjoyment of life is also non-economic damage. It includes loss of leisure, social activities, comfort, and companionship. However, loss of enjoyment is not the same as pain and suffering.
Losses that result from your injuries may include:
● The inability to perform normal daily tasks (such as going on walks) or usual activities (e.g., gardening).
● Difficulty sleeping due to pain or other symptoms related to your injuries, such as headaches or jaw strain caused by dental treatment needed after an accident occurs.
The non-economic damages are not easily quantified, which makes it harder to evaluate them. Since they are not visible like physical injuries but might be more dangerous than them.
A person can recover and learn to live with physical injuries, but the emotional damage can lead many survivors to depression and PTSD. Therefore, you should discuss these claims with an experienced attorney who can help you evaluate such losses and guide you on the best course of action.