What Kind Of Damages Can I Receive After A Tractor-Trailer Crash?

If you have been injured in an accident with a tractor-trailer, it is likely or even probable that your injuries are serious. Establishing liability on the part of one or more defendants means that an injured plaintiff will recover damages for the harm they have suffered. However, the nature of damages is different in every tractor-trailer case simply because the fact pattern will always differ, even slightly. An attorney may be able to give you an estimate, but never an exact amount.

Three Types of Damages

There are three types of damages that can be awarded in Florida: economic damages, non-economic damages, and punitive damages. Economic damages are quantitative and easy to calculate, such as medical bills and lost wages. Non-economic damages are, essentially, everything else – damages like pain and suffering, loss of quality of life, and emotional distress – and often require an expert witness to assign a dollar value to such a loss.

The third type of damages is punitive damages, and these are only awarded in certain specific situations (generally, when a defendant has acted with “intentional misconduct or gross negligence.” These are very rarely awarded in Florida, as there must be clear and convincing evidence of such behavior and it is difficult to provide it as a plaintiff. Economic and non-economic damages are the types awarded to most injured plaintiffs. Amounts and proportions, however, will differ.

Amounts Depend On Multiple Factors

It is common for an injured person who decides to file suit against the person or entity they believe is responsible for their injuries to want to know how much they may receive in a verdict or settlement. That answer is not usually attainable, particularly not when an attorney is simply speculating. There are too many individual factors that must be considered – and generally are considered by a court or by the one making a settlement offer – before an amount for damages can be determined. Some of those include:

• The nature of the plaintiff’s injuries themselves;
• The plaintiff’s likelihood of returning to work;
• The plaintiff’s day-to-day pain and suffering, before and after recovery; and
• The role the plaintiff’s injuries and/or disabilities play in day-to-day life for them and their families.

Keep in mind that in personal injury cases, multiple defendants may be joined to face the same claim for liability, and it is common for defendants to be ordered to pay their percentage of fault in terms of liability – for example, if a plaintiff has sustained $100,000 in damages, one defendant may be ruled 30 percent liable, and thus have to pay $30,000. There may not be one settlement or verdict in a case; rather, there may be several.

Contact A Tampa Tractor-Trailer Accident Attorney

Being involved in an accident with a tractor-trailer is most drivers’ nightmare, simply because of the high likelihood of serious injury. If this has happened to you, it is crucial to enlist a knowledgeable attorney. A Tampa tractor-trailer accident attorney from the Rinaldo Law Group can help answer your questions about the legal process – call our office today to schedule a consultation.