Types Of Damages Recoverable In A Tractor-Trailer Accident Case

After an auto accident, a Florida driver can seek compensation for their medical bills from their insurer, or from the insurer of the other driver involved in the crash. If a tractor-trailer is involved in causing injury to another driver, receiving compensation can sometimes be more difficult because of the regulations governing commercial vehicles. If you seek to file suit against a driver, it is important to be aware of what kinds of damages one may be eligible to receive.

Tangible vs Intangible

There are three types of damages that one might recover in a Florida personal injury case. One is referred to as punitive damages, and these are only awarded in cases where a defendant has shown either intentional misconduct or gross negligence – that is, negligence so egregious that it amounts to reckless disregard for human life. The other two types are intangible and tangible damages, and each may be recoverable in these cases, depending on the specific facts of the situation.

Tangible damages are those that can be generally quantified – for example, medical expenses or lost wages. Intangible damages are those which may require expert testimony or other evidence to establish, such as pain and suffering or loss of enjoyment of life. As one might imagine, evidence is still required to establish these injuries – but if proven, these damages are attainable in a jury award or settlement.

Insurance vs Trial

While the three types of damages are fairly straightforward, they are not always available at any moment. Florida is a no-fault auto insurance state, meaning that an injured person may seek compensation from their personal injury protection (PIP) insurer for damages they suffer in a road accident, regardless of fault. However, insurance will not compensate for intangible damages. In Florida, PIP is only required to cover 80 percent “of all reasonable expenses for medically necessary” care.

Conversely, if a person brings suit against the tractor-trailer driver and their employer, they may recover monetary compensation for both tangible and intangible damages if a judge or jury decides their claims are appropriate, or if a settlement agreement can be reached. Assessing intangible damages can be difficult and time-consuming, which is one of the reasons why PIP insurers generally decline to do so.

Contact A Tampa Tractor-Trailer Accident Attorney

A tractor-trailer accident can cause long-term injuries and life changes. If you have experienced this difficult situation, you do not have to go through it alone. Contact a Tampa tractor-trailer accident attorney from the Rinaldo Law Group today to schedule a consultation.