Roswell, Georgia Tractor Trailer Accident Lawyer - Compensation and Damages
In Georgia, a trucking accident victim may recover several types of damages including all medical treatment and rehabilitation expenses, actual and prospective lost wages, and pain and suffering. A victim may even be able to recover punitive damages depending on the specific facts of each case. The nature and amount of damages arising from a truck accident can vary according to the specific facts of each case. An experienced Roswell tractor trailer accident lawyer will help an individual identify and pursue all damages and compensation available.
Damages resulting from truck accidents can be divided into economic damages and non-economic damages. Typically, non-economic damages are harder to quantify and therefore may be more difficult to obtain.Economic damages
Economic damages attempt to financially restore the victim to where they were before the accident. In Georgia, there are several types of economic damages that an injured victim can recover for after a truck accident. An experienced Roswell tractor trailer accident attorney will be helpful in determining a truck accident victim’s economic damages and ensuring that the victim is adequately compensated.Medical expenses
Medical expenses consist of all of the expenses incurred by the injured party in seeking treatment for their injuries, including the cost of surgery, hospital stays, doctor’s fees, and medication. Medical expenses also include the cost of physical therapy, assistive devices like wheelchairs, and building modifications like ramps.Future medical expenses and care
A truck accident victim will be able to recover the cost of future medical care and expenses if he or she can prove that future medical care will be required. Generally, future medical costs are based on the treating physicians’ opinion of what kind of care will be required and the length of time that the victim will require it.Lost wages
Lost wages is defined as wages that a victim would have earned had he or she not been injured in the truck accident. Lost wages are calculated from the time of the accident to the time of the judgment.Loss of earning capacity
Loss of earning capacity can be recovered by a victim who can show that their ability to earn, or to earn at a certain level has been impaired by the accident. Loss of earning capacity is determined by a jury and focuses on what the victim would have earned in the future had the accident not occurred.Non-Economic Damages
Non-Economic damages are difficult to quantify. It is not easy to put a price on physical pain or mental anguish. However, these damages may be recoverable with the help of a Roswell tractor trailer accident attorney.Pain and suffering
Pain and suffering damages are defined as the physical pain felt by the victim after the accident. Pain and suffering is determined by a jury, considering the nature of the injury, the degree of pain, and how long the pain is expected to last. Pain and suffering also refers to the mental anguish that a person may feel as a result of the accident, including shock, worry, anxiety, nervousness, fright, depression, embarrassment, or grief.Loss of consortium
If the victim of the truck accident is married, their spouse may also be able to recover on a theory of loss of consortium. Loss of consortium is defined as the negative effect the accident has had on the relationship, including assistance, comfort, sexual relations, and companionship. To determine the amount of damages for loss of consortium, a jury will consider the age of the partners, the stability of the marriage, the degree to which the benefits were lost, and whether the loss is permanent or temporary.Punitive damages
Georgia law allows punitive damages in truck accident cases under certain circumstances. However gross negligence alone is not sufficient for punitive damages under Georgia law. Georgia courts have allowed punitive damage claims in situations where the driver is under the influence of drugs or alcohol and in situations where the trucking company’s violations of federal and state trucking regulations are part of a “pattern of practice.” Courts in Georgia have also allowed punitive damages claims in cases where trucking companies fail to monitor and record hours of service, falsify driver’s logs, and encourage drivers to speed. Generally, punitive damages are capped at $250,000 unless the driver acted with a specific intent to harm another person.
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