How is Compensation Calculated in Catastrophic Truck Accidents?
The United States is home to over 168,000 truck accidents each year, with 32% of these crashes resulting in injury. With tractor-trailers being the main mode of transportation for moving goods, hundreds of thousands of “big rigs” travel our nation’s highways each day. The mass of large trucks results in longer stopping distances, in some cases requiring the length of a football field to come to a complete stop.
Given the sheer size of a large truck, emergency care is often required following a crash, with accident victims walking a fine line between life and death. The injuries that a victim of a catastrophic truck accident may sustain can have long-term health consequences and even result in permanent disability. Given the physical limitations that an individual may experience, adequate compensation is essential to cover both present and future accident-incurred expenses.
If you or a loved one have been injured in a catastrophic accident, our Charleston truck accident lawyers are here to assist you in filing your claim. In this blog, our legal team discusses the compensation available in serious injury cases and how a pre-existing condition does not bar you from financial recovery.
Compensatory Damages
Most often, catastrophic injury victims are compensated for actual damages. More commonly referred to as compensatory damages, these include both financial and non-financial losses.
Economic Damages
Monetary losses that a person suffers due to an accident or injury are known as economic damages. In a catastrophic injury, economic damages may include:
- Lost wages
- Lost earning capacity
- Home modifications
- Physical therapy
- Mobility aids
- Past and future surgeries and procedures
Noneconomic Damages
Conversely, noneconomic damages are intangible losses that impact a person’s quality of life. In catastrophic injury cases, these may include:
- Pain and suffering
- Negligent infliction of emotional distress
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
- Injury to reputation
- Permanent disability
How are Noneconomic Damages Calculated?
Noneconomic damages are more subjective, making them more challenging to calculate without using a set formula. While they may not carry an inherent monetary value, non-economic damages can be assigned a monetary value using either the per diem or multiplier method. In most catastrophic injury cases, our Charleston truck accident lawyers prefer the multiplier method. By assigning a severity rating to your injuries (on a scale of 1.5 to 5), we multiply this figure by your total economic damages to calculate total noneconomic damages. Taking into consideration the profound impact noneconomic damages can have on an individual’s life, no amount of money can undo the harm done.
Eggshell Skull Rule
If your catastrophic truck accident worsened a pre-existing condition or if you sustained more serious injuries due to this condition, that does not limit your ability to recover damages. Known as the eggshell skull rule, this doctrine states that the plaintiff’s frailty cannot be used by the at-fault party to negate or reduce their liability. For example, the defendant would still be liable for damages to a person with a thin skull who suffers a brain injury, even if the average person would not have sustained the same injury. In short, a defendant is financially responsible to you if their actions directly caused you harm, even if your injuries could not be anticipated.
Injured? Speak with Our Charleston Truck Accident Attorneys
A catastrophic injury can cause permanent impairment, with some medical issues lasting a lifetime. At The Law Office of Mark C. Tanenbaum, P.A., our legal team employs photographic evidence, written documentation, and expert witness testimony to illustrate how the defendant’s actions directly caused you harm.
We will not stand for a defendant who attempts to undermine the judicial system to avoid paying what they rightfully owe crash victims. To discuss your catastrophic injury case with one of our Charleston truck accident lawyers, contact us online or by phone at (843) 577-5100 to arrange your free consultation.