Proving Damages in Truck Accident Lawsuits: Evaluating Economic and Non-economic Losses

Posted June 16, 2023 by in Lifestyle

Several things could go wrong whenever a person is involved in a truck accident. It’s not just about the physical injuries sustained. There are also economic losses, such as property damage and medical expenses, that victims might have to bear. In addition, there may be non-economic damages such as emotional distress or pain and suffering.

California is a comparative negligence state, which means that more than one party may be found liable for causing an accident. It also means that an at-fault driver may be entitled to file a personal injury lawsuit for damages, even if they were partially at-fault for causing a truck or car accident. Newport Beach has explicitly seen an uptick in truck accidents that wreak havoc in the lives of residents and visitors.

To win any truck accident lawsuit, plaintiffs must prove their case convincingly by providing the proper evidence proving their damages’ value. If you or a loved one has been injured, a Newport Beach truck accident lawyer will help process your claim. This post examines how personal injury lawyers evaluate economic and non-economic losses in truck accident cases.

Economic Damages

Economic damages are compensation for financial loss suffered due to an injury from an accident caused by someone else’s negligence. Economic loss includes lost wages or income, medical expenses, property damage repairs, transportation, and future care costs, including rehabilitation fees.

Medical Expenses: One of the most significant contributors to debt when treating accident injuries. Medical bills can add up quickly depending on the severity of injuries sustained by the victim. The plaintiff can only recover financial losses for necessary medical treatments directly related to their injury due to the accident.

Lost Wages: Victims miss work time while recuperating from injuries. This means they lose out on income-earning opportunities during this period, reducing their overall earnings potential.

Property Damage Repairs: Another factor considered under economic damages is vehicle repair expenditure or other physical property damage caused by a collision. Injured persons should retain any receipts they have accumulated since the incident showing these incurred amounts so that compensatory calculations can be performed based on them legally.

Transportation Costs: Additional travel expenses also fall under recoverable economic harm, encompassing everything from ambulance fees to taxi cab rides associated with receiving medical attention after an incident.

Future Care Costs Including Rehabilitation Fees: Some critical life-changing events (ex: traumatic brain injuries) may require ongoing medical attention, often for a lifetime. It can be included in the damages award to cover future care costs.

Non-Economic Damages

In contrast to economic damages, non-economic losses look at factors without a monetary value attached. Non-economic compensation is harder to determine by accident lawyers but includes values such as pain and suffering or emotional distress.

Pain and Suffering: Individuals who suffered physical pain and discomfort due to an accident caused by someone else’s negligence get compensation. Examples include chronic pain or other ailments with phenomenal loss of limb functionality with corresponding long-term depression.

Emotional Distress: The second most commonly referenced form of non-economic damage within tracksuit compensation are esteem-related harms like anxiety, depression, or post-traumatic stress disorder (PTSD). 

Loss Of Quality Of Life: This type of compensated harm might factor into attention paid towards functional limitations accompanied by their lasting consequences, which create deficits when interacting with one’s environment.

Evaluating Both Types of Loss

Both economic and non-economic loss estimation must be considered when negotiating settlements after an accident wherein legal proceedings have commenced. These two valuation approaches are evaluated independently before arriving at a total that would consider all potential avenues for recovery action or settlement negotiation discussion points. Examining these categories separately gives plaintiffs’ lawyers greater clarity on both types and then affords each client representation strategy like piecemeal itemization.

Proving damages in truck accidents is crucial in achieving any successful lawsuit outcome intending to recover financial compensation from another person’s negligent actions. Claimants are entitled to damages based on their demonstrable losses, including economic and non-economic categories.