The Compensation You Deserve After A Truck Accident

Being involved in a truck accident can be a traumatic experience, both physically and emotionally. In the state of Louisiana, understanding how compensation is calculated is key for those seeking justice and financial recovery. Lauren Pilie has years of experience navigating the unique challenges of trucking accident cases in Louisiana. She has never been afraid of taking on large trucking companies and insurance providers, and for this reason, she has successfully secured compensation for countless victims across the state. 

Trucking companies and insurance providers have their financial interests in mind when offering a settlement. At LA Law Lady, Lauren is concerned with your full financial recovery. The focus is handling the tactics of intimidating insurance companies, and Lauren Pilie works tirelessly to protect the rights of clients during the claims process. To learn more about how you can secure the compensation you deserve after a truck accident, consider booking a free case review with Lauren Pilie today at (504) 470-3511. 

The Key Factors that Affect Compensation After a Truck Accident

If you sustained injuries or damages due to another party’s negligence, you may be entitled to compensation to help with your recovery. There are several factors that affect compensation after a truck accident, and understanding how these factors impact your claim is key to securing the full and fair compensation you deserve. 

Comparative Fault Laws

In Louisiana, personal injury laws differ slightly from other states, which can impact your potential claims and the factors that are used to determine compensation after a truck accident. Under Civil Code Article 2323, Louisiana uses a comparative fault system to determine who is responsible for paying damages in personal injury claims. Comparative fault means that liability is assigned to each party based on their degree of fault. This degree of fault will determine the amount of damages they can recover to compensate for their injuries. 

Degree of Fault & the Parties Involved

While this is a relatively straightforward system, applying comparative fault can be difficult in trucking accident claims, because of the number of parties typically involved in these cases. The involved parties can include the truck driver, trucking company, cargo loader, government entities, vehicle manufacturers, brokers, shippers, and third-party maintenance providers. While most claims begin with the truck driver in the crosshairs, a case can evolve to include several different individuals and companies. 

Type and Severity of Injuries

Due to the sheer size and weight of commercial trucks, the injuries sustained after an accident are often devastating. The type and severity of injuries play a critical role in determining compensation after a truck accident. Generally, the more severe the injury, the greater the compensation a victim can receive. 

Some of the most common injuries that are sustained during truck accidents include: 

• • Traumatic brain injuries that result from sudden blows or jolts to the head or body. According to the Mayo Clinic, a range of complications can occur immediately or soon after a traumatic brain injury. These complications may include coma, brain death, seizures, infections, and vertigo, rendering these injuries particularly worrisome.  Oftentimes, the family members of the injured person notice the symptoms of the brain injury before the injured person does.

• Spinal cord injuries are caused by damage to the bundle of nerves that links a person’s brain to nerves throughout the body. Motor vehicle crashes are the most common causes of spinal cord injuries and can lead to severe complications, many of which are permanent. 

• Broken bones and fractures occur when a force extended to a bone is greater than what the bone can structurally withstand. These injuries can cause swelling, bruising, and even deformity. 

• Severe burns can be life-threatening when very deep or when a large portion of the skin is affected. Burns can result in a variety of different complications, including arrhythmia, scars, organ failure, edema, and infection. 
• Internal injuries including damage to the body’s internal organs, blood vessels, or other structures. If left untreated, these injuries can lead to serious consequences, such as organ damage, organ failure, or death. 

These are just a few of the most common injuries following a truck accident, but this list is far from comprehensive. Every situation is different, and it is important to seek medical attention as soon as possible following a crash. Even if you believe that no injuries were sustained, some injuries do not manifest until days, weeks, or even years later (especially mild traumatic brain injuries). Your health is paramount, and at LA Law Lady, your well-being takes priority.

Lost Wages

Lost wages refer to all the income that a person loses due to an injury, illness, or inconvenience after an accident. Fortunately, lost wages are a major part of personal injury claims, and it is possible to receive compensation for these damages. Lost wage claims typically arise when accident victims are:

• Healing from debilitating injuries such as traumatic brain injuries, fractures, paralysis, or severe emotional distress.
• Unable to perform the functions of their job, like if a mechanic suffers a broken arm following a truck accident.
• Handling issues related to the accident, such as arranging vehicle repairs or failing to secure transportation to and from work. 

It is important to note that lost wages should not be confused with lost earning capacity, as this is a separate form of damages. Lost earning capacity refers to a reduced ability to perform job duties going forward, which can in turn impact a person’s earning potential. 

How Do I Calculate Lost Wages?

Calculating lost wages in your truck accident claims depends entirely on how you currently receive pay. At LA Law Lady, we take a comprehensive approach to calculating lost wages, taking into account overtime, salaried work, commission, and bonuses. For our self-employed clients, we leverage prior business records to prove lost income. More complex business arrangements may require special expertise to determine the full amount of lost wages. 

Many people think that if they use their vacation time or sick leave, that it does not count towards their lost wage claim.  However, using paid time off to attend doctor visits or to stay home from work because you are hurting is a benefit that you are using up that was caused by the accident, and it counts as part of your past lost wage claim.

Economic vs. Noneconomic Damages: What Is the Difference?

The compensation you deserve after a truck accident may include economic damages (sometimes called special damages), noneconomic damages (sometimes called general damages), or both. The distinction between economic and noneconomic damages is that one compensates you for tangible losses, while the other for non-tangible losses. 

Economic (or special) damages are designed to compensate truck accident victims for the direct financial losses they incurred after the crash. These losses are generally easy to quantify and prove, as they are tangible and can be calculated based on actual, out-of-pocket costs. These are often referred to as calculator damages, because an attorney has to get out a calculator, and they are capable of being added up. Some examples of economic damages include:

• Medical costs or bills, both past and future
• Lost wages, both past and future
• Funeral expenses
• Property damage
• Loss of earning capacity
• Rehabilitation
• Wheelchair ramps/home modifications

Noneconomic (or general) damages, on the other hand, compensate truck accident victims for intangible losses that are more subjective and not easily quantifiable. These types of damages relate to harm that does not come with a receipt. These losses may include: 

• Pain and suffering, both past and future
• Scarring or disfigurement
• Loss of enjoyment of life
• Loss of society or companionship 
• Emotional distress
• Mental anguish or trauma

While both economic and noneconomic damages are usually available in a personal injury case, they must first be proven. This is why it is critical to save all bills, receipts, and invoices associated with your truck accident. The trusted attorney at LA Law Lady has in-depth experience with quantifying both economic and noneconomic damages accurately, and she aims to help trucking accident victims recover the maximum financial compensation for their injuries. 

How Do You Calculate Economic Damages?

Economic damages are relatively simple to calculate since bills or invoices exist to tie these damages to a specific dollar amount. If the victim cannot work, their pay stubs, tax returns, or financial records can be used to prove how much income they lost as a result of the accident. At LA Law Lady, Lauren reviews all incurred expenses, as well as estimates of property damage, W-2s, and other personal records to determine the full amount of compensation you deserve for your economic damages after a truck accident. 

How Do You Calculate Non-Economic Damages?

Noneconomic damages, also known as general damages, are more difficult to calculate since they are not directly tied to bills or invoices. Louisiana’s legal system has established numerous methods for calculating noneconomic damages. In fact, according to the Louisiana Law Review, the sole standard for calculating these damages is that the jury shall use a “reasonable approach to arrive at a fair sum.”  With such a general procedure in place, a few different methods have evolved to calculate noneconomic damages in Louisiana. 

Per-Diem Approach

The per-diem approach assigns a specific dollar amount for each day of the victim’s suffering. For instance, if you experienced a spinal cord injury and must wear a neck brace for 3 months, your LA Law Lady attorney may be able to prove that you suffered for 90 days. If it can be successfully argued that your daily emotional struggles can be valued at $200 per day, the court or jury may award you $18,000, or $200 times 90 days.  This argument cannot be made in all jurisdictions, but where it is permitted, it can be effective.

Multiplier Approach

The multiplier approach is another option when calculating noneconomic damages, which involves multiplying the total amount of a truck accident victim’s economic damages by a specific number (typically between 1.5 and 5, depending on the type and severity of their injuries). To utilize the multiplier approach, the victim’s quantifiable losses are calculated and then multiplied by the chosen multiplier. 

For instance, if the victim sustained $60,000 in economic damages, and the multiplier is 2 (based on the level of pain and suffering), then the total amount of noneconomic damages based on the multiplier approach would be $120,000. This means your total compensation would be $180,000, accounting for both economic and noneconomic damages.  This approach is used more often in settlement discussions and evaluations than at trial. 

What Are Punitive Damages?

If your truck accident involved driving under the influence, you may be entitled to punitive damages. Punitive damages, sometimes called exemplary damages,  are awarded to punish the defendant for the egregious conduct that caused the injuries. These damages are designed to make an example of the defendant and prevent others from engaging in similar conduct moving forward. In other words, they set a public example. On the other hand, in some cases, punitive damages are awarded in bad-faith insurance claims.

The amount of punitive damages awarded in a case is up to the jury’s discretion. In these situations, the jury will assess the defendant’s actions to determine if their behavior was intentional, malicious, or grossly negligent. They may also review similar cases to determine if punitive damages were awarded in those situations as well.  Many insurance policies do not cover punitive damages, so it can sometimes be difficult to collect on these claims. 

How Can a Louisiana Truck Accident Attorney Help You Obtain the Compensation You Deserve? 

If you were a victim of a truck accident, you may be entitled to compensation. Obtaining compensation is very different from receiving the compensation you deserve, however, and an experienced Louisiana truck accident attorney can help you navigate these nuances. 

Insurance policies are complex legal agreements, and insurance companies are not obligated to explain your legal rights. Rather, the primary concern of insurance providers is minimizing their payout amount. You are interested in receiving the compensation you deserve, while insurance companies are interested in increasing their bottom line. 

With this in mind, it is important to speak with a Louisiana truck accident attorney after your accident. Your attorney’s sole objective is to fight for your rights and secure the compensation you deserve. They will gather evidence, identify all liable parties, calculate your economic and noneconomic damages, and represent you in every negotiation. This can make all the difference in the outcome of your case. 

Contact an Experienced Louisiana Truck Accident Attorney at LA Law Lady Today

Seeking legal counsel before negotiating with insurance companies is critical to protecting your rights and maximizing your chances of receiving the compensation you deserve. Many people are unaware that they can pursue compensation for their pain and suffering, when in fact these damages are just as important as a victim’s economic damages. 

At LA Law Lady, Lauren Pilie understands the nuanced challenges you are facing after a truck accident. She will work alongside you to tell your story better than anyone else and will fight for your rights and ensure that you receive the compensation you deserve after a trucking accident. To learn more about how an experienced truck accident attorney can help you after your trucking accident, consider scheduling your free consultation at (504) 470-3511 today.