- March 15, 2024
No one wishes to be in a truck accident, as it has life-altering consequences. However, you could recover compensation if you find yourself in one and are not at fault. While the money does not ease the pain and suffering that came with the collision, it ensures you are debt-free and can get your life back on track without as much difficulty.So, what damages can you recover after an injury in a truck accident? We shared the answer and more in this blog. If you have additional questions about the different compensation types, contact our Detroit truck accident lawyers at Goodman Acker, P.C., at 248-286-8100. We will listen to you about your case and explain what to expect from the legal process.
Why choose our truck accident attorney to represent you?
The Goodman Acker, P.C. team is comprised of dedicated legal practitioners devoted to client advocacy. In the decades since our founding, we’ve represented numerous truck accident victims throughout Michigan and helped them recover damages. We have recovered millions of dollars in settlements and verdicts for our clients. We can assist you in seeking compensation if you sustained a catastrophic injury from a truck accident.
Our truck accident lawyers will be with you from the beginning to the end of your case, ensuring your rights are protected and you receive fair compensation.
We are fearless in taking on trucking companies and their insurers and fighting for our clients until we secure a favorable outcome. Contact us at 248-286-8100 to learn more about our services and how we can help you recover the damages available under Michigan law.
What damages can you recover after sustaining an injury in a truck accident?
As a general rule, in most states, victims of a trucking collision can recover damages from the party or parties responsible for the accident. This means that as long as Party A is not at fault, Party B will compensate them for their injury and other losses. However, this is not always the case in Michigan, as it is a No-Fault state.
Being a No-Fault state means that fault does not immediately play a role in truck collisions. When a truck and a passenger vehicle are involved in a crash, the passenger vehicle driver and passenger can rely on their personal injury protection (PIP) coverage under their No-Fault insurance policy. However, Michigan law also allows accident victims to file a third-party claim or lawsuit in some cases.
Recoverable damages under personal injury protection coverage
Under the PIP coverage, you will receive the following damages:
- Medical expenses: PIP pays for all reasonable and necessary medical expenses related to the injuries sustained in the accident. This typically includes the cost of hospitalization, doctor visits, rehabilitation, and surgeries.
- Lost wages: If your injury keeps you away from work, you will receive lost wages for when you were absent. PIP pays 85% of your gross salary, including overtime, for up to three years.
- Rehabilitation costs: Personal injury protection coverage also covers rehab expenses for physical therapy, occupational therapy, and other rehabilitation services needed for your recovery.
- Attendant care services: PIP pays for attendant care services, focusing on the services that help an injured person in their daily life, such as bathing, eating, and dressing.
Our truck accident attorneys can help you examine your PIP coverage and ensure your insurer pays all you’re entitled to within your policy limit.
Recoverable damages under third-party claims or lawsuits
In Michigan, you can file a third-party claim or lawsuit if the truck accident led to the damage of a body part, disfigurement, or disability. Also, the truck driver must have been more than 50% responsible for the accident, under the comparative negligence rule. A third-party claim or lawsuit allows you to receive damages beyond what is covered by no-fault insurance.
Ultimately, you can receive economic and non-economic damages. Economic damages are quantifiable financial losses resulting from accidents and are easy to calculate since they have a fixed dollar value. The dollar amounts are from invoices and receipts, both current and past, and are added up to arrive at the sum.
The following are what you are likely to receive as economic damages:
- Medical bills, including all expenses related to your injury, from ambulance rides to medications and rehab
- Lost income, including when you were away from work, with the amount generated from your pay stubs
- Property damage, including repairing or replacing your car and other valuable belongings lost in the accident
- Out-of-pocket costs, including any direct costs incurred due to the injury. For example, transportation to doctor’s appointments and rehabs, home modifications, and medical equipment.
Non-economic damages are intangible losses that impact your well-being but do not have any specific dollar value. The absence of a value makes it harder to calculate, so insurers invented the multiplier method. Based on this method, the insurer chooses a number from one to five to multiply your economic damages.
The more severe your condition, the higher the number used for multiplication. In all, you are likely to receive non-economic damages for the following:
- Pain and suffering resulting from the injury.
- Emotional distress, manifesting as trauma, anxiety, depression, or other mental harm from the accident
- Loss of enjoyment of life, being unable to enjoy the activities you took part in before the accident
- Loss of consortium, for the impact the injury had on your relationship with a spouse or romantic partner.
Were you injured in a truck accident? Let us help you recover damages!
Facing truck drivers, their companies, insurers, and other liable parties can be daunting, especially without legal representation. But with us representing you, your chances of recovering damages improve, and we ensure everyone is held accountable for their role in the accident that harmed you. Our initial consultations are free, so call the Goodman Acker, P.C., team at 248-286-8100 to schedule one.