Recovering Damages After A Tractor-Trailer Accident

While tractor-trailer accidents are not particularly common, they do occur more often than the average person would perhaps like to think – and the injuries that result can be extremely severe. If you have been injured in a crash involving a tractor-trailer in Florida, and suspect that negligence played a role, you may have a claim against either the driver or the company that put them on the road. Understanding what types of damages may be available to you can be confusing – but the right attorney can help to clarify matters.

Tangible Damages

The most immediately available – and most commonly sought – are known as tangible or ‘economic’ damages. As one might imagine, tangible damages are those that can be quantified. Some of the most often sought as compensation include:

• Lost wages or earning capacity and employment benefits. ‘Wages’ are defined under Florida law as that earned during a typical work day – under Florida law, 10 days – with overtime being legally distinct. That said, lost wages is the value determined for all the time you are unable to work, so if you work less than 10 hours per day, that will be taken into account. If you become permanently disabled, a lost wages claim will convert into a claim for loss of earning capacity, because your status is, at least in theory, permanent.
• Medical expenses, both past and future. Something important to understand in this type of case is that unlike in some other states, Florida law requires that the entire gamut of injuries be heard by the jury, even if some medical expenses have already been paid by an insurer. The rationale for this is that a jury must hear the full extent of a plaintiff’s injuries in order to properly assess their injuries.

Claims for tangible damages are generally easier to prove simply because you will likely have the evidence to back them up. Other types of damages are harder to quantify, and are known as intangible or ‘non-economic’ damages; these must be established through indirect means, such as expert testimony.

Intangible Damages

The most common examples of intangible damages sought after a tractor-trailer accident usually involve emotional distress, including loss of quality of life, general pain and suffering, and mental anguish. While it is more difficult to establish that you are owed these types of compensation, it is entirely possible to make that claim. This is even true if you are found to be partially at fault for your own injuries – if you are found less than 50 percent at fault, you are able to recover for the remainder.

It is important to remember, though, that if you have only suffered intangible damages as a result of your accident  – for example, managing to avoid injury, but developing post-traumatic stress disorder (PTSD) – Florida courts will generally dismiss such a claim – the state is one of the few to still adhere to what is known as the impact rule, meaning that a person must be able to establish a physical “impact” in order to recover for less tangible claims like pain and suffering.

Contact A Tampa Tractor-Trailer Accident Attorney

At the heart of the matter, if you have been injured by a tractor-trailer driver’s (or company’s) negligent actions, you deserve to be compensated for the harm you have suffered. A Tampa tractor-trailer accident attorney from the Rinaldo Law Group can help you make sense of the details and shoulder the legal load while you focus on physical recovery. Contact our office today to schedule a free consultation.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0448/Sections/0448.01.html