Recoverable Damages in a California Truck Accident

Recoverable Damages in a California Truck Accident

Large truck accidents cause some of the most severe injuries. Survivors may be left with lifelong disabilities, costly medical expenses, and facing sudden financial burdens they should never have had to bear. If you sustained injuries in a California truck accident, you could be entitled to compensation for all the ways the crash affected your life. An experienced lawyer can help you pursue the truck accident compensation you deserve.

Why You Need a Truck Accident Attorney

Cases involving commercial trucks are legally complex, involving both state laws and federal regulations. Seasoned truck accident attorneys understand the intersection between these laws and can build a compelling case to maximize your compensation.

Additionally, truck accident claims are often worth more than other types of personal injury cases. Thatā€™s because the outcomes of truck crashes are often catastrophic. The greater the damages, the more likely the insurance company will fight your case with everything itā€™s got. An attorney can anticipate and combat the challenges youā€™re up against so the insurer does not shortchange you.

Why Choose The Law Offices of Pius Joseph?

At the Law Offices of Pius Joseph, we bring over 30 years of experience representing Californians in truck accident cases. Past clients can attest to the high-quality services we deliver. For example, Jennifer Renteria says, ā€œEveryone was so helpful and friendly. They treated their clients as family and focused more on their clientsā€™ needs and problems than about themselves. Definitely would recommend getting a consultation with Mr. Pius Joseph. You will not be disappointed.ā€

Our truck accident case results underscore our dedication to client satisfaction, including:

  • $2 Million ā€“ Verdict for a chain-reaction truck accident
  • $1.25 Million ā€“ Mild traumatic brain injury after a truck collision

To learn more about how we can help you pursue compensation after a California truck accident, reach out today.

What are Damages in a California Truck Accident Claim?

Damages is the legal term for the money you receive in a personal injury claim. Your damages fall into the following three main categories.

Economic Damages

Economic damages offset the financial losses you experience after a truck accident. These losses are the costs that have a specific dollar value, like medical bills, lost wages, or repairing or replacing your vehicle. Economic damages aim to cover the money you spent or lost because of the truck crash.

To calculate your economic damages, your attorney will gather evidence like hospital bills, receipts for medications or co-pays you made, salary records, the cost of any ongoing care or medical devices you need, and estimates for vehicle repairs or replacement if your car was totaled. This amount will be part of the demand package you send to the insurance company.

Non-Economic Damages

Non-economic damages cover the losses you suffer that don’t come with a clear price tag. These losses include physical pain, emotional distress, and reduced quality of life. These losses are harder to measure but no less important after a truck accident injury. Non-economic damages address the accident’s impact on your mental and emotional well-being.

To support your claim, your attorney may use entries from a personal journal in which you describe the pain you experienced, testimony from family or friends about changes in your behavior or mood, and medical records that detail your physical and emotional recovery over time.

Punitive Damages

Punitive damages donā€™t compensate you for specific losses you suffered from a truck accident. Instead, California courts may order truck drivers or trucking companies to pay punitive damages to penalize them for intentional wrongdoing or particularly egregious acts of negligence.

There are special rules you must follow to recover punitive damages in California. First, you must take your case to trial and win. Then, you must prove by clear and convincing evidence that the liable party or parties acted with malice, oppression, or fraud.

At the Law Offices of Pius Joseph, we can determine whether punitive damages are possible in your case.

How are Damages Calculated in California?

Calculating your economic damages in a truck accident claim involves adding all your accident-related expenses. Your truck accident attorney will add up your current and ongoing medical bills, lost income, reduced future earning potential, the cost to repair or replace your vehicle, and other financial losses stemming from the crash.

Putting a value on your non-economic damages can be harder. Generally, juries have broad discretion to arrive at a number they think is fair. They will consider factors like:

  • Whether the defendantā€™s actions show a pattern of reckless or intentional behavior
  • How dangerous the actions were
  • The dollar amount they believe will deter similar actions by others in the future
  • The defendantā€™s assets and net worth
  • Whether the defendant ignored the safety and health of others
  • Whether the defendant tried to profit from the truck crash financially

For cases that donā€™t go to trial, insurance companies rely on formulas to approximate what they think might happen in court before making a truck accident settlement offer. 

What are Common Challenges in Recovering Truck Accident Damages?

Many challenges can stand in the way of recovering fair damages after a truck accident, including:

  • Multiple liable parties ā€“ In truck accidents, responsibility could fall on many different parties, including the truck driver, the trucking company, or even the manufacturer of faulty truck parts. Sorting out whoā€™s to blame can be difficult and time-consuming, but it is critical to seek maximum compensation.
  • Insurance company disputes ā€“ Trucking companies often have aggressive insurance teams that try to reduce or deny your claim. They may argue that you caused the crash or that your injuries arenā€™t as severe as you claim.
  • Demonstrating the full extent of your injuries ā€“ Truck accidents often cause severe injuries, but some may not be immediately visible. Getting the right medical documentation is essential to proving long-term effects like chronic pain or a disability.

An experienced truck accident lawyer can effectively manage disputes with the insurance company so you receive appropriate compensation for your injuries. 

Steps To Maximize Your Truck Accident Compensation in California

Hereā€™s what to do to maximize your chances of recovering full compensation after a California truck accident:

  • Consult a lawyer to review your legal options and build a strong case.
  • Follow all medical advice and attend scheduled appointments.
  • Keep detailed records of your injuries, treatments, and medical expenses.
  • Document how the accident affects your daily life.
  • Avoid speaking with the trucking company or its insurance adjusters without your truck accident lawyer.
  • Stay off social media to avoid posting anything that could harm your claim.
  • Keep copies of all communications with insurance companies.
  • Donā€™t accept a settlement offer without consulting your attorney first.
  • Be patient during settlement negotiations. Let your lawyer handle negotiations for the best possible outcome.

How the Law Offices of Pius Joseph Can Help

Law Offices of Pius Josepg - Pasadena CAThe Law Offices of Pius Joseph is an accomplished Pasadena personal injury law firm with over three decades of experience representing California truck accident victims. If you or a loved one sustained injuries in a tractor-trailer crash, call or contact us today for a free consultation.