This is the next post in a series of articles about handling trucking accident cases in Laredo, Texas. My previous post addressed the possibility of facing a bifurcated trial in such cases. In a bifurcated trial, the liability and damage phases are separated into two distinct proceedings. Requesting bifurcation is a common strategy employed by defense counsel to prevent the jury from learning the extent of the victim’s serious injuries until after they decide which of the defendants were responsible for the accident. In many cases, this may negatively affect the plaintiff’s case. It is important to understand how a bifurcated trial may impact one’s rights and to retain a lawyer who is prepared to oppose such a request. In this article, we will discuss how damages are calculated in the aftermath of a catastrophic injury caused by a truck accident. If you or a loved one has been injured, contact my office as soon as possible to speak with an attorney.
Crashes involving large commercial trucks very often result in catastrophic injuries. Victims may suffer injuries resulting in long-term and painful medical treatment, permanent damage, or even death. As previously discussed, injured victims and their families may be entitled to recover damages from the responsible parties when the accident results from the defendants’ negligence or willful misconduct. Damages may include past and future lost wages, medical expenses, or funeral expenses. Victims may also be entitled to recover damages for pain and suffering, permanent disfigurement, loss of companionship, or punitive damages. Depending upon the severity of the injuries and the details of the accident, it can be difficult to quantify a victim’s damages. In a trucking accident that may involve multiple defendants and their respective insurance companies, it is imperative to retain a personal injury lawyer to conduct a full investigation and work with the necessary experts to understand your damages. Doing so will help ensure that the victim receives the compensation to which they are entitled.
Given the potential severity of injuries and complex factors in these types of matters, expert witnesses play an important role in calculating damages. For instance, a young wife and mother who just started her career as an accountant suffers brain damage. She is permanently incapacitated and prevented from working in the future. Her family may be entitled to damages equal to the loss of her future potential wages. It may be necessary to engage an economist to estimate what would have been the victim’s future earning potential. In addition, given the nature of the injuries sustained, her physicians anticipate that she will need life-long nursing care, multiple surgeries and may never fully recover. Medical experts, such as surgeons, physical therapists, or even psychologists may be asked to help quantify the estimated damage amounts. Furthermore, the pain and suffering and mental anguish caused as a result of this tragedy may render additional compensation appropriate in this case.
When tragedy strikes, it is imperative to retain experienced personal injury counsel to help you navigate the ensuing legal process. Your attorney can focus on holding the defendants responsible while you focus on recovering. If you need assistance, contact my office to speak with a lawyer. I serve clients in Laredo and other areas of South Texas.