The potential recoverable damages in a North Carolina truck accident case can include current and future medical bills, lost wages, lost capacity to earn, property damage, and pain and suffering. The specific damages and amounts you may be eligible to recover as a truck accident victim in Wilmington, NC depend on your unique circumstances.
Economic Damages
There are two types of compensatory damages available in a personal injury claim in Wilmington: economic and non-economic. Economic damages refer to the financial losses suffered by the accident victim, which can be reimbursed by a claim to make the victim financially whole again.
Economic damages in a truck accident case often include:
- Hospital bills
- Ongoing medical care
- Treatments and therapies
- Rehabilitation
- Prescription medications and medical devices
- Property damage
- Lost wages and income
- Lost future capacity to earn
- Disability accommodations
- Out-of-pocket costs
Adding up your economic damages requires you to keep track of your medical expenses, bills, receipts and invoices. If you or a loved one suffered long-term injuries, it also involves crafting a Life Care Plan to determine your future related expenses.
Non-Economic Damages
Non-economic damages pay a victim for the intangible losses caused by a commercial truck accident. They are also called “pain and suffering.” They may include:
- Physical pain
- Emotional distress
- Mental anguish
- Loss of consortium
- Permanent disability
- Scarring or disfigurement
- Lost quality of life
- Psychological trauma
- Post-traumatic stress disorder
- Grief or mourning
The value of a non-economic damage award is often calculated based on the severity of the victim’s injuries.
Punitive Damages
Economic and non-economic damages serve to make up for a victim’s losses after a harmful trucking accident in North Carolina. If a trucking company, truck driver or another liable party committed an egregious act of wrongdoing, however, a third category of damages may also be available: punitive damages.
Punitive damages are meant to punish a defendant. You could recover punitive damages on top of your compensatory award if you or your lawyer can prove that the defendant acted with fraud, malice, or willful and wanton conduct (North Carolina General Statutes §1D‑15). These damages are granted by courts when they believe the defendant deserves to face consequences for especially negligent or wrongful acts.
A Note on Catastrophic Injuries or Permanent Disability
While there is no such thing as an “average” settlement because every case is unique, it is a general rule that accident claims with serious, catastrophic or life-changing injuries (as is often the case in a large truck accident) are worth more than minor injury claims. Cases involving permanent disability, for example, come with a lifetime of related costs for the victim. This typically results in a higher claim value than minor injury cases.
How a Truck Accident Lawyer Can Help
The complex nature of truck accident cases in North Carolina and their often high values make it important to consult with a truck accident attorney and get help with your case. Don’t accept the first settlement that’s offered to you by an insurance claims adjuster – it is likely valued too low.
Instead, contact an attorney to find out how much your case is truly worth. With help from the right attorney, you can maximize your payout and move forward with greater peace of mind.