Compensation For 18 Wheeler Wrecks

Compensation For 18 Wheeler Wrecks is varied depending on the type of damages. Beltz Law Firm is top 18 wheeler wrecks attorney in Dallas. Beltz Law Firm in Dallas is attorney specialized in 18 wheeler wrecks.Compensation for 18 Wheeler Accidents in Dallas, Texas

18 Wheeler Accident Damages and Compensation

18 Wheeler Accident Damages and Compensation is variable depending on damages and other circumstances. Beltz Law Firm is a 18 Wheeler Accident Damages and Compensation attorney. Anytime there is an accident involving an 18 wheeler there is bound to be personal injuries to the motorist who was involved in the collision.

The types of injuries caused by 18 wheelers are usually severe due to the force of impact that a truck of this size causes. The types of injuries that result from a trucking accident include broken bones, lacerations from the broken glass and metal, severe bruising, head trauma, brain contusions, spinal cord injuries, concussions, loss of limbs, amputations, severe disfigurement, burns and even death.

The next question becomes, “how do I get compensated for my injuries?” This question is important in that a skilled attorney must categorize each and every loss you have suffered into a legal form of recovery. Some of the different legal forms of recovery are listed below:

Categories Of Compensation For 18 Wheeler Accidents

Categories Of Compensation For 18 Wheeler Accidents is physical pain, past pain, future pain, mental anguish, disfigurement, physical impairement, medical expenses, loss of earning capacity, loss of consortium and loss of service.  Beltz Law is experiences in categories of compensation for 18 wheeler accidents. Types of damages.  The types of damages that can be awarded for personal injury include the following:

Categories Of Compensation For 18 Wheeler Accidents

Categories Of Compensation For 18 Wheeler Accidents is physical pain, past pain, future pain, mental anguish, disfigurement, physical impairement, medical expenses, loss of earning capacity, loss of consortium and loss of service.  Beltz Law is experiences in categories of compensation for 18 wheeler accidents.

Types of damages.  The types of damages that can be awarded for personal injury include the following:

1. Physical pain.
   • In a personal-injury case, a plaintiff can recover damages for past and future physical pain. It is within the jury’s discretion to decide whether pain and suffering occurred and how much compensation is appropriate.  To prove past physical pain, the plaintiff can testify about the pain or introduce other evidence of it.  Even when there is no direct evidence of pain, the jury may infer that pain occurred from the nature of the injury.  The law assumes that physical pain results from a serious injury.  But the law does not assume physical pain for a minor injury that is accompanied only by conflicting, scant, or subjective complaints of pain.
     • Past pain.  Damages for past pain and suffering are general damages and do not need to be specifically pleaded.
     • Future pain.  As a general rule, damages for future pain and suffering should be specifically pleaded.  However, if the allegations in the pleading indicate that the pain will be ongoing, it may not be necessary to specifically plead future pain and suffering.  To prove future physical pain, the evidence must show there is a reasonable probability the injury will continue to affect the plaintiff in the future.  Damages for future pain may be extrapolated from the damages awarded for past pain, based on evidence presented about past pain.  The mere possibility of future pain is insufficient to prove damages for future pain.
2. Mental anguish.
   • In a personal-injury case, a plaintiff can recover damages for past and future mental anguish.  Mental-anguish claims have long been distrusted by the common law, which early on did not permit their recovery.  Because mental-anguish damages are inherently subjective, they present a potential for false claims.  Mental-anguish damages were first awarded in cases in which the plaintiff could prove a physical impact that resulted in a physical injury.  As an exception to the physical-impact rule, mental-anguish damages were permitted when the mental anguish was the result of a particularly disturbing or upsetting event.  As a later development, mental-anguish damages were permitted when the mental anguish was itself physically manifested, even though there was no physical impact or disturbing event.  A plaintiff can recover mental-anguish damages if she was physically injured. Mental-anguish damages are also recoverable for the aggravation of preexisting medical conditions.  Mental-anguish damages without proof of physical injury into three categories: (1) cases involving intentional or malicious conduct, (2) cases involving the breach of a duty arising from a special relationship, and (3) cases involving particularly disturbing events.  Damages for past mental anguish are general damages and do not need to be specifically pleaded.
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   Disfigurement.

   • Disfigurement is recognized as a separate element of recovery from pain and suffering, mental anguish, and loss of earning capacity.  The term “disfigurement” is defined as that which impairs or injures the beauty, symmetry, or appearance of a person or thing, or that which renders unsightly, misshapen, imperfect, or deformed in some manner.  The amount of damages is measured from the date of injury to the time the disfigurement is expected to end.  Damages for disfigurement are general damages and do not need to be specifically pleaded. However, the allegations in the plaintiff’s petition should give the defendant fair notice of the claim for disfigurement.
4. Physical impairment.
   • Physical impairment is defined, somewhat abstractly, as including “loss of enjoyment of life.” Physical impairment encompasses the inability to participate in sports, hobbies, or other recreational activities.  Damages for physical impairment are special damages and must be specifically pleaded.
5. Medical expenses.
   • To prove medical expenses, the plaintiff must present evidence about the medical expenses related to treatment for the injury caused by the defendant.  If evidence is presented that implicates medical expenses for other possible causes of the plaintiff’s injury, the plaintiff must offer evidence excluding those causes with reasonable certainty.  To recover for past medical expenses, the plaintiff must prove (1) the expenses were necessary to treat the injury and were reasonable in amount, and (2) the expenses were paid or incurred by or on behalf of the plaintiff.  The plaintiff can prove their past medical expenses were reasonable and necessary either by expert testimony or by an affidavit of past expenses.  Ordinarily, expert testimony is needed to establish that medical expenses were reasonable and necessary.  An affidavit from the treating doctor is considered proper proof by affidavit that charges for services were reasonable and necessary.  To recover for future medical expenses, the plaintiff must show there is a reasonable probability that expenses resulting from the injury will be necessary in the future.  To make this showing, the plaintiff must provide evidence of two distinct elements: (1) a reasonable probability the plaintiff will incur future medical expenses, and (2) the reasonably probable amount of the future medical expenses.  The amount of future medical expenses is within the discretion of the jury.  Thus, the jury can decide the amount of future medical expenses based on (1) the injuries suffered, (2) the medical care rendered before trial, (3) the injured party’s progress toward recovery under the treatment received, and (4) the condition of the injured party at the time of trial.
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   Loss of earning capacity.

   • To understand loss of earning capacity, it is important to distinguish loss of earning capacity from loss of earnings. Loss of earning capacity is the plaintiff’s diminished ability to earn a living.  Loss of earnings is the loss of actual income because of the inability to perform a certain job that the plaintiff held before the injury.  Even an unemployed person can recover for lost earning capacity.
7. Loss of consortium.
   • Loss of consortium is based on the loss of love, affection, protection, emotional support, companionship, care, and society that can occur when a family member is injured.  A spouse can recover for loss of consortium.  A child can recover for loss of consortium when the parent suffered serious, permanent, and disabling injury or death.  A parent can recover for loss of consortium for the death of a child.
8. Loss of services.
   • “Services” refers to the performance of household and domestic duties.  A spouse can recover for loss of services of the injured spouse.  A parent can recover for loss of services of an injured child.  Damages for loss of services are special damages and must be specifically pleaded.

Regretfully, in our legal structure, many times the only way a victim can be made “whole” again is by compensation from the guilty party. We understand that these accidents can destroy lives so much so that no amount of compensation will ever make it right. However, because we must work within the structure of our legal system, we can help you recover money for your pain and suffering. Compensation is what you hire an attorney for. Compensation is what we strive to obtain for you to help you get through this difficult time and back on your feet.

We can also help you find appropriate medical care to help you recover from your injuries. We have worked with many trauma doctors that are skilled in helping you rehabilitate your injuries, and would be glad to share their information with you. Many times they will work on a letter of protection which means you will not have to pay until you have recovered a money settlement from the insurance company.

We understand that trucking companies have large insurance companies that are paid to protect them even when they have acted negligently in an accident. We also understand that if you have been injured in an accident with an 18 wheeler you are going to need a lawyer who can act quickly to maximize any personal injury damages you may be entitled to. We are truck accident lawyers you can depend on to work hard for the best possible monetary result.

It is always our goal to maximize any recovery you are entitled to. Further, we are not able to accept any offer of settlement without your express approval. This is a cooperative effort between you and the Beltz Law Firm to make sure that every opportunity is taken to get you the money you deserve for the injuries incurred as a result of a trucking accident in Texas. Give us a call now if we can be of assistance to you.