What Type of Compensation Can I Get if I Was Injured in a Truck Accident?
Every year, thousands of innocent individuals are injured in truck accidents. Drugs, fatigue, and speeding are commonly cited causes of truck accidents. It is no secret that many truck drivers must drive several hours every single day to make deliveries and pick up goods on time. Therefore, many accidents are caused by reckless driving. If you are injured in a truck accident, what types of damages may you seek in an accident claim?
New Jersey is a no-fault insurance state. Generally, each driver’s own insurance provides coverage for medical expenses and property damage. However, your own insurance limits may be insufficient to cover all of your damages. Depending on the type of policy you have purchased and the circumstances of your case, you may be able to pursue a legal claim against the truck driver, the trucking company, and any other individual or entity responsible for your accident.
Damages available in a truck accident claim
If you have been injured in a truck accident claim, compensation you may be entitled to includes:
- The cost of medical care you have incurred, such as ambulance expenses, emergency room bills, anesthesia bills, surgical bills, physical therapy bills, chiropractor bills, and other similar expenses.
- The estimated cost of any future medical care you may need, such as physical therapy, future surgeries, and other treatments.
- Any wages or employment benefits you lost because of the accident, including sick days, vacation days, and missed opportunities (though these may be more difficult to prove).
- Pain and suffering, which compensates you for the physical discomfort you have experienced.
- Emotional distress, which compensates you for anxiety, depression, post-traumatic stress disorder, and other psychological conditions that were triggered by the accident.
- Your spouse may be able to pursue a claim for loss of consortium, if the accident had a significant impact on your marriage.
- If you had to remodel your home to accommodate your injuries—for example, installing handrails or wheelchair ramps—you may be able to seek reimbursement for those expenses.
- If the truck driver or trucking company’s behavior was especially egregious or reckless, you may also be able to seek punitive damages. Punitive damages punish a defendant for dangerous conduct that has resulted in serious injuries or death.
What may impact the amount of compensation I receive?
There are certain factors that may reduce the amount of compensation you are entitled to.
For example, if you wait a while to seek medical treatment or pursue a claim against the truck driver or trucking company, many insurance companies would use this point to argue that your injuries are not as serious as you claim, because you would have sought medical treatment and filed a claim much earlier if so.
If you were somehow at least partially responsible for the accident, your damages award may be reduced in an amount that reflects your share of responsibility for the accident. For example, if you were 20% responsible for the accident and obtained $100,000 in damages, your award would be reduced by $20,000.
To ensure you receive the maximum amount of compensation available under New Jersey law, you should schedule a meeting with an attorney as soon as possible.
Schedule a free consultation with premier New Jersey injury firm Leonard Legal Group today
At Leonard Legal Group, our New Jersey personal injury attorneys have successfully pursued claims against truck drivers and trucking companies. With our assistance, you can focus on recovering from your injuries while we fight your legal battle. To schedule a free consultation with our firm, call 973-984-1414 or visit us online.