Damages in Birmingham Truck Accident Cases

Damages in Birmingham truck accident cases include physical injury, emotional suffering, and financial losses suffered as a result of a truck accident. Damages can be either compensatory or punitive. Compensatory damages can further be broken down into actual and general damages. A discussion of each of these types of damages is discussed briefly below.

Compensatory Damages

Compensatory damages are intended to make up for the injuries suffered as a result of a Birmingham truck accident. These may include actual damages, such as the out-of-pocket expenses incurred, and general damages, which may include emotional distress or diminished ability to enjoy life activities. Actual damages include lost wages, medical bills paid, rental car costs incurred while your vehicle is undergoing repairs, property damage, and any other economic losses that may have resulted from the accident.

General damages are more difficult to quantify. These types of damages may include loss of enjoyment of life activities, loss of consortium, lost future earnings, and pain and suffering. Pain and suffering refers not only to the physical pain and suffering you have endured as a direct result of the accident, but also the emotional trauma of undergoing surgery or being unable to participate in life activities because of the injury.

The following table lists some of the different types of actual and general damages that may be claimed by a Birmingham truck accident victim:

Punitive Damages

Punitive damages are those that intend to punish the defendant for intentional conduct or gross negligence in causing a Birmingham truck crash. These types of damages are reserved for conduct that is so egregious that the civil court penalty is warranted in order to deter the defendant from committing the same act in the future. In Alabama, punitive damage may only be awarded if the judge or jury determines that the defendant consciously or deliberately engaged in oppression, fraud, wantonness, or malice in causing your injuries. This is a very strict burden that is difficult for most plaintiffs to meet. In addition, punitive damages awards may not exceed three times the compensatory damages awarded to the plaintiff, or $1.5 million, whichever is greater.

Trucking companies will often attempt to settle out of court quickly while victims are still suffering from the trauma of an accident. In all Birmingham truck accident cases, it is essential that measures promptly be taken to preserve evidence, investigate the accident, and allow a physician to examine any injuries. The Walker Law Firm is experienced with the unique issues involved in Birmingham truck accidents and can assist you in receiving full compensation for your injuries. Call the Birmingham truck accident lawyers at The Walker Law Firm now at (877) 925-5373 or fill out our FREE CASE EVALUATION FORM. The initial consultation is free of charge, and if our Birmingham truck accident attorneys agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a Birmingham truck accident lawsuit must be filed before the statute of limitations expires.