Copyright © 2023 Gelb & Gelb, P.C. All rights reserved.
When someone is involved in a truck accident, they could sue the responsible party to try and recover compensation for damages. A person can look to recover medical bills, lost wages, and pain and suffering. Additionally, under certain exceptions, you could also recover punitive damages. It is best to speak to a seasoned attorney to learn about the various types of recoverable damages in a DC truck accident case.
There is no formula to calculate damages. The jury would decide the amount of damages the injured claimant may be eligible to recover. The jury may award every dollar being claimed, or they could reduce the amount asked. The jury may reduce medical bills and all of the lost wages. They may reduce some of those wages that were lost as a result of the accident.
Pain and suffering are often calculated by:
For example, if the plaintiff had neck and back complaints and they were relatively minor, but they have pain later, then the courts would have to determine how much the plaintiff should be awarded. The courts would look at how often they went to the doctor, how much time they missed from work and the amount of property damage.
The attorney would make sure that the insurance company is willing to compensate their claimant for the medical bills, the lost wages, and the pain and suffering based on what the plaintiff’s attorney believes would happen at trial. There may be a small reduction the case would settle for as opposed to litigating the case, which would, of course, take potentially up to two years or longer and cost more money than settling the claim pre-litigation.
An experienced plaintiff’s attorney in Washington, DC, handling a truck accident case would want to make sure that the claimant was referred to a treating physician right away, and all medical treatment is available.
The claimant’s own insurance company may cover medical bills and lost wages under what is called first-party coverage. However, if they are in a DC accident and they make a claim for personal injury protection (PIP) or no-fault under their own policy, they may be precluded from making a claim against the other party. If the injuries are significant enough or if the medical bills rise beyond a certain threshold, then the injured person can make a claim under their own policy, as well as the claim against the other side.
There are many other ways a dedicated attorney could help following a car accident. Seeking compensation for the full value of the claimant’s injuries is important. Call the legal team at Gelb & Gelb P.C. to learn about the various types of recoverable damages in a DC truck accident case.
Copyright © 2023 Gelb & Gelb, P.C. All rights reserved.