Accidents involving large trucks in Los Angeles frequently result in death or serious injury. You may be wondering how damages are calculated if you have been injured in a truck accident and are contemplating filing a lawsuit as a result of the injury. When calculating compensation following a truck accident in Los Angeles, the following are the primary considerations.

Medical Expenses

When determining damages in a truck accident lawsuit, medical expenses are one of the major factors to consider. This includes an array of medical expenses such as emergency medical care, hospitalization, surgery, rehabilitation, and other related expenses that arise during time of need. Your Los Angeles pedestrian accident attorney can help you gather your medical records and bills so you can calculate your medical expenses accurately.

The decline in income

Injuries sustained in a truck collision almost always necessitate some recuperation time away from the workplace. Long-term, this could mean a drop in pay and revenue. 

Using your earnings before the accident in comparison to what you would have earned if you had not been injured in the accident. You are able to estimate how much you would have earned had you not been injured in the accident. To precisely determine how much money you lost, your lawyer can help you compile proof like pay stubs and tax records.

Discomfort and agony

The aftermath of an accident can be painful on many levels. This disorder can lead to emotional suffering, bodily pain, and anxiety. Due to their subjectivity, pain and suffering can be difficult to assess. An attorney can help you determine how much money you deserve as compensation for your injuries.

Damage to Property

If the truck accident caused considerable damage to your vehicle, you may be eligible for reimbursement for property damage. The cost of repairing or replacing your car and other damaged items will often be covered by this policy.

Damages as Punishment

Punitive damages are occasionally awarded in instances involving truck accidents. Punitive damages are given when the victim suffers a financial loss because of the defendant’s reckless or willful actions. Punitive damages are only given out in extreme circumstances where the defendant’s behavior warrants such a harsh punishment.

Whether Your Injuries Are Temporary or Permanent

When a patient’s condition has stabilized, the maximum medical improvement (MMI) is considered and no further improvement is expected. The sooner you get to MMI, the better. Hopefully, you’ll be back to normal soon.

Unfortunately, some people never fully recover from their injuries, while others do so over time. A change in circumstances may prevent you from going back to your former employment. If you suffer too serious injuries, you may not be able to return to work. Additionally, you may need doctors for the rest of your life.  

These losses accumulate in proportion to your age and rate of recovery. Expert witness testimony may be necessary to determine the full extent of your losses. You shouldn’t undervalue them since once you settle, you can’t go back and ask for more money because of your impairment.

Caps on Coverage in Insurance

The amount you can recover may be impacted by the policy limits of the underlying insurance unless:

• The accused has sufficient personal financial resources to settle the case.
• Even if you win a judgment in court, it will amount to nothing if you cannot track down a responsible party with the financial means to pay it. 

In some cases, you may be able to add a second defendant (the defendant’s employer, for example). Commercial truck drivers, on the other hand, practically never go without adequate insurance coverage. 

Inability to Reduce Losses

It is a well-established rule of law that you cannot recover money for losses that you could have prevented with ordinary care. In legal terms, this is known as a “failure to mitigate damages.” You are still entitled to reimbursement for losses that were not caused by your lack of mitigation efforts.

Failure to reduce damages is different from comparative negligence in that it occurs after an accident has already occurred, while comparative negligence might occur either before or during an event. 

Neglecting to take preventative measures, such as getting medical help after an accident that necessitated it, is an example of this.  

Contact a Los Angeles Pedestrian Accident Attorney Today

Having an experienced truck accident lawyer who can help you determine the damages you’re entitled to and fight for your rights is crucial if you’ve been involved in one in Los Angeles. To discuss your options and schedule a consultation, contact a pedestrian accident lawyer in Los Angeles today. You can get help determining the compensation you deserve for your damages and injuries by having your lawyer evaluate the details of your case.