Truck Accident Attorney in Titusville

Many people are under the impression that if they’re partially at fault for the accident and injuries they suffered, they aren’t eligible to file a personal injury lawsuit. Fortunately for victims, this isn’t the case. The fact that you played a part in the incident doesn’t mean the other party is off the hook, nor should it. Florida personal injury claims are governed by pure comparative negligence. Under this law, you can recover compensation through a lawsuit even if you were 99 percent responsible for the accident. Your percentage of responsibility will be determined at trial, and any monetary award you receive will be reduced by that percentage. For example, if you were awarded $100,000 and deemed to be 40 percent at fault, you would take home 60 percent of the award, or $60,000.

In Florida truck accident claims, you can recover monetary compensation if another negligent party caused the accident. This is known as damages. The types of damages you can receive in Florida include the following:

Economic Damages

Economic damages refer to the losses you suffer from the injury that are easily quantifiable into monetary terms. Most commonly, this includes medical expenses, lost wages, lost future wages, lost earning capacity, the cost of rehabilitation and prescriptions, and other expenses you incur as a result of the accident.

In the state of Florida, there is no cap on the amount of economic damages that can be awarded to you at the conclusion of a trial.

Non-Economic Damages

Non-economic damages are a bit more complicated to calculate, as they refer to harm you suffered that doesn’t necessarily relate to a tangible expense you incurred. Examples of non-economic damages include emotional distress and loss of companionship. These are much more difficult to quantify, but an experienced personal injury lawyer can help you with this and make sure your expectations are realistic.

In the state of Florida, there is no cap on the amount of economic damages that can be awarded to you at the conclusion of a trial.

Punitive Damages

In rare cases, punitive damages will be awarded as well. Economic and non-economic damages are awarded to the victim as a way to make them whole again – to bring them as close as possible to how they were before the accident occurred. Punitive damages, on the other hand, are awarded as a way to punish the defendant and to deter them and others from engaging in similar behavior in the future. Punitive damages are reserved for particularly troubling behavior, such as gross negligence, extreme recklessness, a wanton disregard for the safety of others, or malicious intent to harm.

There is a cap on punitive damages, though it changes depending on the circumstances. In most personal injury claims, punitive damages are limited to 3x the amount of compensatory damages (economic and non-economic) or $500,000.

It’s easy to show expenses you incur as a result of physical injuries, but proving emotional injuries and the effect they had on your life can be more difficult. Some of the most common types of evidence presented to show pain and suffering include the following:

Doctor’s Testimony. Your doctor may be called as a witness in your trial. They will be able to testify to the extent of your injuries and how it will affect the rest of your life. While this is related to physical injuries, the fact that you will be affected by something for a significant period of time in the future will allow the judge or jury to see how this might affect you emotionally as well.

Mental Health Professional’s Notes and Testimony. Your attorney can also use your mental health professional as a witness in your trial. They will be able to provide more insight into your mental state and how the injury and accident have affected that and how it will continue to affect your mental state and your life in the future.

Testimony From Friends and Family. Your friends and family can also be used as witnesses in your trial to testify to the effect that the incident and your injuries have had on your life—not just physically. They know how you were before the accident and can describe how you have changed since.

Your Own Testimony. Additionally, you can testify to your own pain and suffering and how the process has affected you emotionally. It’s a good idea to keep a log immediately after the accident of how you’re feeling, how it’s affecting your life, what you’re no longer able or willing to do, and anything else that will show how influential the incident has been on your life. Being able to present this written information makes it more likely that the court will understand what you’re going through and why pain and suffering damages are necessary.

Truck accidents are much more likely to be deadly than car accidents due to the size and weight of the vehicle. If you have been injured in a trucking accident, or you lost a loved one because of a truck accident, it is vital that you seek qualified and skilled truck accident lawyers in Titusville, FL, who can fight to get you the compensation and damages that you deserve.

Our truck accident lawyers aggressively represent individuals injured in truck accidents to ensure a fair outcome is reached. We will take the time to evaluate your case and help you with any questions and will be with you every step of the way. As the largest personal injury firm in America, we always have the resources needed to give you the best chance of success. Contact Morgan & Morgan today for a free, no-obligation case evaluation.