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February 27, 2024
McLaurin Law

What Damages Can I Recover After a Truck Accident in Texas?

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Truck accidents are often far more serious than the average car crash. Given that commercial trucks outweigh cars by many tons, it’s easy to see why. If you’ve been in a truck accident on Texas roads, you probably want to know what damages you can recover. A Texas truck accident lawyer explains.

Truck Accident Victims Can Recover Economic Damages

Economic damages are the easiest type of damages to calculate. That’s because they have a fixed dollar amount. Economic damages include things such as:

  • Property damage to your vehicle and any items inside it at the time of the accident
  • All medical bills related to the crash
  • Lost wages if you have to take time off work
  • Loss of earning potential if you must quit your job
  • Money spent on a home care aide
  • Home modifications you had to make because of the accident (wheelchair ramps, elevators, widened doorways, etc.)

Truck Accident Victims Can Recover Non-Economic Damages

Non-economic damages are damages with no fixed dollar amount. To calculate them, insurance companies will add up your economic damages, then multiply the amount by 1.5 to 5. The multiplier used depends on how serious the accident and your injuries were.

Non-economic damages include:

  • Mental anguish
  • Pain and suffering
  • Loss of companionship
  • Loss of consortium
  • Loss of enjoyment of life

It’s not uncommon for insurance companies to lowball you when it comes to non-economic damages. If you suspect your settlement offer is unfair, call a Texas truck accident lawyer for help.

Punitive Damages

Punitive damages are quite rare. In some cases, a judge may award them if the trucker who hit you acted maliciously or extremely recklessly. Simple negligence or distracted driving isn’t enough to qualify you for punitive damages.

In Texas, punitive damages are capped at $200,000 or two times the economic damages, whichever is greater, plus the amount equal to non-economic damages, up to $750,000. This cap doesn’t apply if the defendant committed a felony.

Wrongful Death Damages

If your loved one perished in a truck accident, you can sue for wrongful death damages. These damages may include funeral and burial costs, lost wages, the deceased’s final medical bills, and loss of companionship.

Not just anyone can file for wrongful death in Texas. You must be the surviving spouse, adult child, or parents of the deceased. Adopted children and adoptive parents may file as well. The deceased’s personal representative can also make a claim.

What to Do After a Truck Accident

There are a few things you can do after a truck accident to boost your chances of a larger settlement. They include the following:

  • Take pictures of the accident scene. Photos of the scene, your car, and the car that hit you can help prove fault.
  • If available, talk to witnesses at the scene and ask what they saw.
  • See a doctor even if you don’t feel hurt. If you skip this step, the insurance company might say you’re not hurt badly enough to need a settlement.
  • Don’t accept the first settlement offer until you’ve talked it over with a truck accident attorney. First settlement offers are often far too low to cover your damages fully.

Call an Experienced Truck Accident Attorney at McLaurin Law, PLLC

If you’ve had a truck accident and want to know what types of damages your settlement might include, reach out to McLaurin Law, PLLC. Our personal injury lawyers have successfully settled dozens of truck accident claims, and we’d like to do the same for you.

For a consultation with an experienced Texas truck accident lawyer, contact our firm today at 713-231-5903.

Copyright © 2023. McLaurin Law, PLLC. All Rights Reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
McLaurin Law, PLLC
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Houston, TX 77056
(713) 461-6500http://mdlawtex.wpenginepowered.com/

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