What is the pain and suffering in a truck accident case? What compensation can people receive for pain and suffering after an accident like this? Here’s what you should know.
1. Pain and suffering damages can compensate you for your pain and suffering
It is essentially money awarded to you by the court to compensate you for all the physical and emotional pain and suffering you have endured.
This is compensation for injuries caused by:
- Pain from broken bones, burns, cuts and other injuries
- Countless nights of insomnia and anxiety due to trauma
- Severe depression, post-traumatic stress disorder (PTSD), and other psychological effects that affect your quality of life
- Permanent disfigurement or disability that will haunt you forever
- Deprived of the ability to enjoy the daily activities of life
The law essentially recognizes the cash value of enduring so much trauma.
2. Pain and suffering damages unrelated to medical expenses and lost wages
It’s easy to think that all the costs and damages from a truck accident will be rolled into one bucket. But that’s not the case – pain and suffering is considered a distinct category of damages and you can be compensated separately.
Your pain and suffering compensation will be completely separate from the medical expenses you are reimbursed for hospitalization, surgery, therapy, medications, etc. Any wages you lose due to absence from work are also calculated separately.
Therefore, pain and suffering are like an “extra” category above all else. As we’ll explain later, the amounts do stack up.
3. There is no precise formula for calculating pain and loss.
Unlike medical bills or lost wages, which can often be calculated to a dollar amount using bills and pay stubs, pain and suffering damages are more nebulous and subjective.
The courts did not follow an established “formula.” Factors they consider include:
- The severity of your physical injury and recovery time
- whether you will have any permanent disfigurement or disability
- Your level of emotional distress and mental anguish
- How has your overall quality of life and ability to enjoy activities been affected?
- Testimonials from medical experts, therapists, family members, and others close to you
Insurance companies would downplay pain and loss all day long if they could. However, the greater the impact of your pain and suffering, the higher damages you can claim.
4. In many cases, the pain and suffering damages exceed the medical expenses
While each truck accident case is tried individually, in many cases the pain and suffering damages awarded actually end up being more than the medical expenses reimbursed.
Why? Because the human cost of enduring severe physical and mental trauma often exceeds the economic cost.
For example, let’s say you accrue $100,000 in medical bills as a result of an accident. Assume that you suffer severe lower body pain, disrupted life, and psychological trauma after being hit by a truck. In addition to $100,000 in medical bills, the court may award you $250,000 or more in pain and damages.
So while pain and suffering are classified as “non-economic” losses, the dollar figures can be very real and very fast. Don’t let the insurance company trick you into thinking otherwise.
5. Some states do impose “caps” on pain and suffering awards
In an ideal world, courts would be free to award truck accident victims any fair and reasonable compensation for pain and suffering based on their specific circumstances.
But in the real world, the fact is that more than half of U.S. states do enforce specific dollar “caps” or limits on the amount of pain and suffering damages awarded in personal injury cases.
In some states, these arbitrary caps can be as “low” as around $350,000. Other states have higher caps or no caps at all.
While theoretically designed to control insurance costs, in practice, these caps can prevent truck accident victims from receiving the full compensation they deserve for extreme pain and suffering. An experienced truck accident lawyer knows how to get around these caps whenever possible.
6. Having the right lawyer can make a huge difference in the award of pain and suffering
No factor affects the potential pain and damage you may suffer more than your choice of legal representation. Representing yourself or hiring an inexperienced attorney will definitely result in you not receiving the compensation you deserve.
However, an experienced truck accident attorney who has won significant pain and suffering settlements knows how to argue forcefully and provide persuasive evidence why your pain and suffering damages should be maximized based on:
- Shocking details and oversights in truck accidents
- Documentation of your serious injury, trauma and difficulties in recovery
- Not only counting past pain and suffering, but also rewarding you for anticipated future suffering
- Win the sympathy of a judge or jury through compelling storytelling
No insurance company can stop a good legal defense attorney from fighting tirelessly for the compensation his client deserves. Having that kind of firepower is priceless.
7. Pain and damage suffered are often taxed differently
There’s an odd factor about pain and suffering damages that most people don’t realize: They’re often taxed differently than other forms of compensation in a personal injury case settlement or award.
Generally speaking, any compensatory damages you receive specifically for actual economic losses (medical bills, lost wages, etc.) are not considered taxable income under U.S. law.
However, any additional damages received for “non-economic” reasons (such as pain and suffering) may be ruled taxable income under federal and state statutes. This could cost you quite a bit of money from these substantial awards.
It is recommended to consult with a tax professional and your personal injury attorney to learn how to properly structure pain and suffering damages to maximize your final recovery.
8. Pain and suffering are difficult to claim without legal action
The final point we want to note regarding pain and suffering damages is this: do not expect to receive them without filing a formal lawsuit or legal claim.
Of course, the at-fault truck driver or trucking company’s insurance company may offer you a quick resolution at the outset to avoid legal action. But you can almost guarantee that the lowball quote won’t include anything other than reimbursement of basic medical expenses and some lost wages.
In order to obtain the maximum possible settlement that fairly compensates you for all actual pain and suffering you have suffered, you may need to hire an attorney and prepare for detailed arguments, negotiations, and potential court battles.
It’s certainly not a quick and easy path. But considering that truck accident injuries can be life-changing and traumatic, fighting for the pain and damages you deserve is often well worth the extra effort and having the right law firm by your side.
Those are the 8 most important things to know about pain and damage suffered in a commercial truck accident case. Our goal is to explain it all in simple and clear terms so that you retain the core knowledge.
Remember: your pain, suffering, and emotional trauma have meaning. When it comes to a truck accident case, they can greatly impact the amount of damages the court ultimately awards you.
Don’t let anyone belittle or dismiss what you went through after being injured by a negligent truck driver or trucking company. With persistence and proper legal representation, you can get the compensation you deserve.
