Each year, thousands of truck accidents will result in serious injuries to those involved. Nearly 4,000 truck accidents end in fatalities, as reported by the Federal Motor Carrier Safety Administration (FMCSA). Most of these injuries and deaths involve the drivers and passengers of the smaller motor vehicle involved in the accident. Many of those injured in a truck accident will experience severe injuries that may involve considerable medical expenses, time off work, and the infliction of much pain and suffering. Anyone who has been injured in a truck accident should understand the types of damages that may be available for accident victims.
Following a Miami truck accident, it is common for civil lawsuits to be filed. A civil suit against the truck driver or trucking company will seek to hold them responsible for the consequences of their negligent actions. In nearly any truck accident case, the insurance companies will be involved. Miami truck accident attorneys work on behalf of those injured to negotiate with their insurance companies, taking the case all the way to trial if necessary.
In negotiations and at trial, the crucial issue will be determining the reasonable amount of compensation. In fact, in some cases, damages will be the crux of the issue, particularly where liability is obvious. Your truck accident attorney will assist you in assessing damages and documenting your injuries.
Compensatory damages are intended to compensate a truck accident victim for their losses suffered in the accident. To calculate this award, you would include all your medical expenses, property damage and loss wages. You can also include those damages that do not have a clearly quantifiable figure, such as intangible damages like pain and suffering.
Calculating compensatory damages is a form of art, especially when it comes to intangible damages. You will need an experienced lawyer to advocate on your behalf so that you obtain the compensation you deserve.
The other major type of damages is punitive damages. Punitive or exemplary damages are intended not to compensate the victim, but to punish the wrongdoer. Florida law is very clear in stating that punitive damages are not the rule in civil lawsuits, but rather the exception. The law allows for punitive damages only in the case of intentional misconduct or gross negligence. They will often be awarded in cases where the defendant’s conduct was particularly egregious, such as driving while intoxicated or excessively exceeding the speed limit.
If you have been injured in a truck accident, contact a truck accident attorney as soon as possible. Your attorney will assist you in calculating your potential damages and gathering the evidence you need to support your damage claim. With these figures and evidence in place, your attorney can then negotiate on your behalf for the best possible outcome.
Greenberg Stone and Urbano: Seeking Justice for Injured Truck Accident Victims
Truck accidents can inflict considerable damages. If you have been injured in a truck accident, contact the Miami Truck Accident Attorneys at Greenberg Stone and Urbano. We have over 130 collective years of experience representing truck accident victims across South Florida. We seek to obtain the best outcome possible for each of our injured clients, which will often include recovering for your medical expenses, lost wages, pain and suffering, and more. Our firm has received a coveted AV rating from Martindale Hubbell and the Miami Herald recognized us as a top firm in South Florida. Allow our exceptional attorneys to provide you with superior legal services in the South Florida area. Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule your initial consultation.