Charles E. Boyk Law Offices, LLC
Bowling Green truck accident damages fall under three categories: economic, non-economic, and punitive. These damages are meant to compensate the victim of a truck collision for their losses.
If you were hurt in a truck accident, you should discuss your case with an experienced injury lawyer. They could calculate the value of your damages and pursue fair compensation in and out of court. Call today to discuss your situation and begin building a case.
Economic damages are those with a set dollar value. This includes lost wages in the past, lost wages in the future, medical bills, loss of earning capacity, and property damage.
Under Ohio law, the responsible party is required to pay the property damage. If the responsible party is slow in paying the property damage, the person could make a claim under their own collision coverage. The person has the responsibility to obtain their deductible from the liability carrier.
Non-economic damages are intangible things like pain, suffering, inconvenience, permanent injuries, and the loss of consortium. There is no specific formula for determining those damages.
In pre-litigation, when the injured party’s attorney negotiates with the adjuster, they both use ballpark figures based on their experience of what a reasonable jury would award. There is usually a big difference between what the claims adjuster and the attorney think is fair. At trial, a jury or a judge determines that amount. If one has a jury trial, the jury is the legal entity that determines the amount of non-economic damages.
Punitive damages are meant to punish the at-fault party for their actions and send a message. Various Ohio and US Supreme Court cases address the issue of punitive damages, and the possible awards are limited. Punitive damage calculations depend on the underlying economic and non-economic damages. Depending on the court, only a specific multiple of the economic damages is allowed as punitive damages.
In Bowling Green and throughout Ohio, there is no cap for economic damages if the person suffered catastrophic injuries. A person could recover the amount of damages they can prove are economically related. In a non-death case, the cap on non-economic damages is the greater of $250,000 or three times the economic damages, and is subject to a maximum of $350,000 per claimant.
When there is a death in the case, or the injury is considered catastrophic under Ohio law, there is no cap for non-economic damages. A catastrophic injury the loss of a serious body part such as hand, an eye, or a leg. Case law says that if someone has a serious permanent scar, a brain injury, or various other injuries, it is a question of fact for the jury to determine the definition of a catastrophic injury.
The damages in a truck accident case are most often covered by insurance companies. The at-fault party’s automobile insurance policy could cover some of the damages up to their liability limit. Property damage to the other person’s vehicle is covered. In addition, the individual may have collision coverage up to a certain limit, regardless of whether they were at fault. Usually, there is a deductible amount, such as the first $500 or $1,000 that is not covered.
The most important thing might be uninsured motorist coverage. If the at-fault driver does not have adequate liability coverage, the victims may be compensated through their own uninsured motorist coverage. In addition, there is a medical payments provision to which could take care of some of the bills, regardless of fault.
When one pursues a truck accident case, their attorney helps them personalize the story to tell to the insurance company and hopefully to a jury. They lay out the circumstances of the incident and prove that serious permanent injuries were caused by the negligence of another individual. In our system of justice, the only way to fairly compensate the injured person is to award money for damages that will affect them for the rest of their life.
An attorney does a full and fair investigation when working to recover damages after a truck accident. They review all of the medical evidence. They obtain reports from all of the doctors regarding the injuries and the prognosis. The attorney gathers evidence that supports the future economic and non-economic damages to the client. In a pre-litigation case, the attorney may prepare a video clip having the client and their family talk about the impact of the accident on the individual and their family.
If you were injured in a truck wreck, do not hesitate to reach out to an experienced attorney. A lawyer has experience calculating Bowling Green truck accident damages, and they could present this evidence in a fair, full, and persuasive manner to maximize the recovery. The only way the insurance company will pay a fair amount of money is if they are afraid that a jury is going to award an even larger amount of money. Schedule a consultation with a dedicated lawyer today.