After a truck accident, you may be entitled to several types of damages from the truck driver, trucking company, or their insurer. Together, these damages are designed to make you whole and put you in the position you were in before the accident (or as close as possible to it).
The value of an Aurora truck accident claim depends on factors unique to your situation, including the severity of your injuries, how your ability to work has been affected, and the pain and suffering you’ve experienced.
The sections below discuss the common damages available after a truck collision.
Economic Damages
Economic damages cover financial losses related to the incident. These damages can be calculated with documentation like receipts, invoices, and mathematical calculations. If you incurred an injury-related expense, you can claim it as an economic loss.
Common examples include:
- Medical expenses
- Lost wages during recovery
- Reduced earning capacity if you can’t return to work in the same capacity
- Physical therapy and rehabilitation
- Out-of-pocket expenses
You can recover money for future losses (e.g., medical costs and reduced earning capacity). However, these typically require complex calculations or testimony from medical and economic experts.
Non-Economic Damages
Not every loss is financial. Non-economic damages compensate for the personal, human impact of a truck accident. These losses are intangible and do not have a direct financial value. However, they can make up a significant portion of your injury claim.
Examples of the damages you can claim include:
- Pain and suffering
- Emotional distress
- PTSD and anxiety
- Loss of enjoyment of life
- Permanent disfigurement or disability
- Loss of consortium
Illinois generally does not cap non-economic damages in personal injury cases, which means injured victims are not arbitrarily limited in what they can pursue.
Punitive Damages
In most truck accident cases, damages are intended to compensate the victim. Punitive damages exist to punish extreme misconduct on the part of the defendant, usually reckless or intentional conduct. If a trucking company knowingly falsified driver logs, ignored repeated maintenance warnings, or allowed a driver with a history of substance violations to stay on the road, this may justify punitive damages on top of economic and non-economic losses.
It’s important to note that these damages are rare in personal injury cases.
Comparative Fault May Affect Your Recovery
Illinois follows a modified comparative fault rule. If you are found partially responsible for the crash, your total compensation will be reduced by your percentage of fault.
For example, if you were 20% at fault and experienced $500,000, your award will become $400,000. If your share of responsibility exceeds 50%, you may be barred from recovering anything at all.
How an Aurora Truck Accident Attorney Can Help You Recover Full Damages
Calculating the full value of a truck accident claim in Aurora is complex and requires experienced legal representation to get it right. An experienced Aurora truck accident attorney can gather your medical records and employment documentation to pinpoint your financial losses. They can also consult economic experts on your lost earning capacity and pain and suffering.
If you were injured in a truck accident, contact Feagans Law Group today for a free consultation to learn what your case may be worth.