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If you’ve been involved in a truck accident in Dallas, you may be entitled to collect various damages to compensate you for your losses. A skilled Dallas truck accident attorney can help you understand what damages you may be eligible for and fight to get you maximum compensation. This article will explain the damages available in Texas truck accident cases.
If you or a loved one was injured in an accident in Texas, call the Oberg Law Office today at 972-682-9700 for a free consultation with a Texas accident attorney. Gregg Oberg is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Protect your rights and explore your legal options with our legal guidance.
Economic Damages in Dallas Truck Accident Cases
Economic damages are meant to compensate accident victims for direct financial losses. Common types of economic damages in truck accident claims include:
Medical expenses
If you were injured in the crash, you can seek compensation for all medical treatment related to your injuries. This includes emergency care, hospital stays, surgeries, doctor visits, medication, medical equipment, and any ongoing or future care you may need. Be sure to keep records of all medical bills.
Lost income
Truck accident injuries often cause victims to miss work. You can claim compensation for wages lost while recovering and reduced future earning capacity if your injuries impact your ability to work. Provide documentation like pay stubs, tax returns, and a letter from your employer.
Property damage
If your vehicle or other personal property was damaged in the accident, you can seek reimbursement for repairs or the fair market value of the totaled property. An experienced truck accident attorney in Texas can help you assess these losses.
Non-Economic Damages for Truck Accident Injuries
Non-economic damages provide compensation for subjective, non-monetary losses. Examples include:
Pain and suffering
You can recover damages for physical pain and emotional anguish you’ve experienced due to the accident and your injuries. Factors considered include the severity of your injuries, type of medical treatment received, length of recovery, and extent of physical and mental suffering.
Loss of enjoyment of life
If your injuries keep you from enjoying hobbies, recreational activities, exercise or other things you did before the accident, you can claim loss of enjoyment damages. Your personal injury lawyer can help document these losses.
Loss of consortium
Spouses of truck accident victims can claim loss of consortium damages for negative impacts to the marital relationship, including loss of companionship, emotional support, and intimacy. If an accident results in death, the surviving family can seek loss of companionship damages.
Caps on Non-Economic Damages in Texas
In some cases, Texas law places caps on the amount of non-economic damages you can receive:
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For medical malpractice cases, non-economic damages are capped at $250,000 per claimant.
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Against a government entity, non-economic damages are limited to $250,000 for a single person or $500,000 for a single occurrence.
However, for most truck accident injury claims, there is no cap on non-economic damages in Texas. Your truck accident lawyer can clarify if any caps apply in your case.
Punitive Damages
Punitive damages may also be awarded in rare cases involving gross negligence or willful misconduct. Rather than compensating the victim, punitive damages punish the wrongdoer and deter similar egregious behavior in the future.
Under Texas law, punitive damages are capped at the greater of:
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$200,000, or
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Twice the amount of economic damages plus up to $750,000 non-economic damages.
Punitive damages can significantly increase the total award amount, but they are unavailable in most truck accident cases. A knowledgeable Dallas truck accident attorney can determine if punitive damages may apply in your situation.
How Much Is My Truck Accident Case Worth?
Truck accident settlements and jury awards can vary widely depending on the unique facts of each case. Key factors that impact case value include:
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The severity and permanence of your injuries
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Total economic losses suffered
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Whether you contributed any fault for the crash
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Available insurance coverage
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The strength of evidence against the at-fault party
An experienced personal injury attorney can evaluate your case in detail to estimate a reasonable damages amount and fight for maximum compensation on your behalf. Most truck accident lawyers offer free initial consultations and work on a contingency fee basis, so there is no cost to discuss your case.
What if I’m Partially at Fault for the Accident?
Texas follows a “modified comparative negligence” rule when an injured person shares some blame for an accident. Under this rule, you can recover partial damages if you are less than 51% at fault. However, your damages award will be reduced by your assigned percentage of fault.
For example, if you suffered $100,000 in damages but are found to be 30% at fault, your recovery would be reduced by 30% to $70,000. You cannot collect any damages if you are 51% or more at fault. A skilled truck accident attorney can gather evidence and craft arguments to minimize your proportion of fault.
How Long Do I Have to File a Truck Accident Lawsuit?
In most cases, you have two years from the date of the truck accident to file a personal injury lawsuit in Texas. This deadline is known as the statute of limitations. The court will likely dismiss your case if you miss the two-year window.
In rare cases, limited exceptions may extend the deadline, including if the victim was a minor or if injuries were not discovered immediately. However, it’s always best to consult a lawyer as soon as possible to avoid losing your right to compensation. A Dallas truck accident attorney can ensure your claim is filed promptly.
Frequently Asked Questions
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How much does it cost to hire a Dallas truck accident attorney?
Most personal injury lawyers handle truck accident cases on a “contingency fee” basis. This means you pay no upfront costs; your attorney only gets paid if they recover your money.
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What happens if the truck driver doesn’t have enough insurance?
Other options may be available if your damages exceed the at-fault trucker’s insurance limits. You may be able to sue the trucking company or other liable parties. You can also turn to your own uninsured/underinsured motorist coverage. A knowledgeable truck accident lawyer can identify all potential sources of compensation.
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How long will my truck accident case take?
The timeline depends on factors like the complexity of the case, the severity of injuries, and the willingness of the insurance company to settle. Some straightforward cases may resolve in a few months, while others could take a year or more. Your attorney can provide an estimate for your specific situation.
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Should I accept an insurance settlement offer?
It’s best to consult with a truck accident lawyer before accepting any insurance settlement. Initial offers are often much lower than your case is worth. An attorney can assess the strength of your claim and negotiate with insurers for fair compensation.
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Will I have to go to court for my Dallas truck accident case?
Most truck accident cases settle before going to trial. However, if the insurance company refuses to make a reasonable settlement offer, going to court may be necessary to get the compensation you deserve. An experienced personal injury trial lawyer will prepare your case for this possibility and fight for you in the courtroom if needed.
Work with Dallas Truck Accident Lawyer
In summary, if you’ve been hurt in a truck accident in Dallas, you may be entitled to damages, including medical bills, lost wages, pain and suffering, and more. Calculating the value of a truck accident claim is complex, so it’s essential to consult with a seasoned Dallas truck accident attorney who can advise you of your rights and advocate for your interests.
Call us at 972-682-9700 for a comprehensive legal consultation, or visit Oberg Law Office to learn how we can help you get the justice and compensation you’re entitled to. Gregg Oberg is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Take the first step today – we’re here to support you every step of the way.
