- January 5, 2024
- Tucker Law
- Truck Accident Lawsuits
Truck accidents can result in excruciatingly painful, catastrophic injuries, expensive medical expenses, a great deal of lost time at work, and emotional harm that lasts for years (or a lifetime). Fortunately, you have the right to demand compensation for your damages if you were not at fault for the collision. Your ability to recover damages after a truck accident depends on the losses you sustain.
After a truck accident, it can be challenging to obtain full reimbursement for all of your damages. Speak to an expert truck accident attorney as soon as possible to ensure that you are pursuing the financial compensation to which you are entitled. The Brooklyn truck accident attorneys of Tucker Law can provide you with a free consultation to go through the specifics of your case and the full extent of your damages.
What to Do After a Truck Accident?
The first thing you should do after a truck accident is to pull your car off the road and turn off the engine, if at all possible. You lessen the likelihood of subsequent accidents by clearing the route, and your risk of starting a fire is reduced by turning off your engine.
As soon as you have stopped your car, you should check yourself and any passengers for injuries. If you are seriously hurt, dial 911 so that an ambulance can be dispatched to your location.
If you are critically injured, you should not take any immediate action other than possibly exiting your car. Follow whatever instructions you are given while you wait for medical assistance to come.
It is important to start collecting information and keep track of all costs associated with the accident, including medical bills, property damage, emergency costs, and any other expenditures incurred due to the accident.
Possible Injuries After a Truck Accident
There are many types of injuries that can be sustained after a truck accident. Typically, with more severe injuries, the damages awarded will be higher. Injuries that usually result in greater financial damages are head and neck injuries that can leave a person paralyzed.
The most common injury sustained after a truck accident is whiplash, and it is usually accompanied by a concussion or neck injury. It is important to seek medical attention right after an accident; head and neck injuries may not appear until a day or two later because of the adrenaline rush at the time of the accident. It is not uncommon for those in an accident to think they are fine and refuse medical attention but then experience soreness, fatigue, and pain a day or two later.
It is important to be honest and state all possible injuries or pain that you are experiencing so that everything can be properly documented. It is easier to collect damages when there is a paper trail for the injuries.
Types of Damages in a Truck Accident Case
When bringing a lawsuit after a truck accident, the victim will generally include both economic and non-economic damages in their claim. Economic damages are damages that can be substantiated through evidence and receipts. Non-economic damages are harder to calculate because they include what a person experiences mentally or emotionally after an accident.
Economic Damages
In a truck crash, economic damages compensate you for the physical and tangible ways your truck crash has harmed you. Oftentimes, economic damages are items that are associated with a bill, invoice, or receipt. Because of this, economic damages usually are easier to calculate than other types of damages. Calculating economic damages can vary depending on where the case is filed. In most states, the truck accident victim is entitled to the “usual and customary” value of expenses reasonably incurred.
“Usual and customary” means something very specific in terms of the law. New York law will typically apply the “generally and reasonable” standard when calculating damages after an accident. The standard is not a one-shoe-fits-all and is applied by looking at the case and the injuries sustained in comparison to similar accidents.
Non-Economic Damages
Both physical and emotional discomfort are referred to as pain and suffering damages, or non-economic damages. After a truck accident, the compensation you receive for these damages can greatly aid in returning your life to normal.
Due to the subjective nature of pain, it is challenging to quantify suffering. There is no concrete evidence that can be used to demonstrate how much someone is suffering.
FAQs About Calculating Truck Accident Damages in Brooklyn
If someone else’s negligence led to the truck accident, you might be able to file a lawsuit if you suffer injuries as a result. After a truck accident in Brooklyn, you might be curious about the legal process. If you sustained significant injuries, you could be unsure of your next steps, anxious about increasing medical costs and lost pay, and wondering how to obtain the highest amount of compensation. After a traumatic collision, our Brooklyn truck accident attorneys are available to answer any queries you may have. Here are a handful that we often hear.
+ What is the Statute of Limitations for a Truck Accident Case?
Under New York law, an accident victim has 3 years from the date of the accident to file a lawsuit.
+ Is there a cap on the damages I can receive in New York?
There is no damages cap for New York personal injury cases.
+ Can I receive compensation for my injuries if I do not have any medical bills?
Each case is different, but a court will likely award damages only where there is proof of injury.
+ How much will I receive for a truck accident case?
The amount will always vary based on the extent of the injuries. Some cases will result in $5,000, and some could result in $50,000.
Contacting a Brooklyn Truck Accident Attorney
Contact Tucker Lawyers in Brooklyn if you require a qualified legal representative.
After a truck accident, our knowledgeable legal team has the specific knowledge and experience to obtain the compensation that our clients are due. We will work relentlessly to obtain the monetary compensation you are entitled to as a result of your accident, because we firmly believe that all victims deserve justice.
Your life could change in a moment, as we are well aware. Let us handle the specifics of your injury claim while you recover. After a truck accident in Brooklyn, we will fight to obtain the compensation you deserve.
For a free consultation, contact our Brooklyn truck accident lawyers at (516) 399-2364.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]