Commercial vehicle traffic is an everyday occurrence in Westlake Village. Our local businesses rely on truck deliveries to bring products to fill the shelves, and large commercial trucks are also a common feature of construction projects in the area. When an accident involves one of these vehicles, the resulting injuries and property damage are more likely to impact smaller vehicles and their occupants than large trucks. When a person files a personal injury claim to seek compensation after being injured in a semi-truck collision, it is often referred to as “recovering damages.” Here is a look at some of the types of damages a skilled truck collision attorney could help you seek in Westlake Village truck accident cases.
Economic Damages
The payment intended to compensate a victim for their financial losses resulting from a Westlake Village truck accident is referred to as economic damages. This damage category includes all reasonable medical expenses related to treating injuries incurred in the accident, including the costs of:
- Ambulance transport
- Diagnostic tests
- Hospitalization
- Surgery
- Physical therapy
This category of damages also includes wage loss compensation for the period of time that the claimant was too injured to work and even permanent loss of earning capacity if the accident resulted in permanent injuries that are likely to limit the claimant’s ability to work in the future.
The cost of replacing or repairing the victim’s vehicle that was damaged in the accident is another type of economic damage that can be recovered after a truck crash. Additional types of economic damages can include:
- Modifications to the home that were required to accommodate permanent injuries, such as wheelchair ramps and roll-in showers
- The cost of hiring someone to perform personal services that the person can no longer do on their own due to their injuries
Non-Economic Damages
Of course, being injured in a collision with a heavy commercial vehicle does not just cause financial hardship in most cases. The injured party must also deal with the psychological fallout from their injuries. Non-economic damages are intended to cover these mental impacts, such as:
- Physical or emotional pain and suffering
- Loss of the enjoyment of life
- Loss of consortium
While the value of economic damages is based on hard costs, the value of non-economic claims is figured by considering a number of factors, such as:
- The severity of the claimant’s injury
- The presence of permanent injuries
- The level of negligence exhibited by the at-fault truck driver that resulted in the accident
Punitive Damages
Punitive damages are a type of compensation intended to punish a defendant for their behavior leading to an accident. Punitive damages are available in California personal injury claims when the claimant and their attorney can prove that the at-fault party’s actions were malicious, oppressive, or fraudulent. Courts in California have also awarded punitive damages in cases where a defendant showed extreme disregard for the notion that their actions had a high likelihood of causing harm to others. One common example of how a Westlake Village truck accident victim might be eligible for punitive damages is if they suffered injuries in a wreck caused by a truck driver who was impaired by alcohol or drugs.
Punitive damages are only available if the case goes to court. An injured person and their lawyer must request punitive damages but are not permitted to specify the amount of these damages, as that is decided by the jury.
Learn More About the Damages Available in Westlake Village Truck Accident Cases
Anyone who needs help seeking damages in Westlake Village truck accident cases should reach out to our legal team at Block LLP. Contact us today for your free case evaluation to learn about the potential value of your claim, the legal process, and the services our attorneys provide.