If you were involved in a truck accident, you might be eligible to receive compensation for your pain and suffering. The damages paid to accident victims are largely meant to compensate you for your physical, mental, and financial losses. Certain damages may be awarded as a way of punishing the reckless offender, though.
Here at Underwood Law Office, we do not take your losses lightly. Nobody has the right to endanger you in this way. No matter what hardships you may be facing, our Frisco truck accident lawyers can be there for you. Our firm’s goals include setting your mind at ease during this difficult time.
Types of Recoverable Damages in Frisco After a Truck Accident
Damages are not uniformly awarded to victims. They are meant to reflect your unique hardships by design while also accounting for the contributing circumstances that led to your accident. Generally, the more severe your losses are, the more compensation you may be eligible to receive.
Recoverable damages are broken into two categories under Texas law:
Compensatory Damages Repays You for Your Direct Losses
These include economic damages like:
- Medical expenses
- Property damage
- Lost wages
You could also recover non-economic damages, which encompass:
- Mental anguish
- Damaged personal relationships
- Physical pain
- Loss of enjoyment of life
Exemplary Damages “Punish” the Negligent Party for How They Harmed You
The presiding judge or jury only awards these punitive damages. This means you will not be eligible for them if a civil court doesn’t hear your case. These damages are meant to punish the offender for their display of gross negligence.
However, each of these damages is subject to limitations under the right circumstances.
Limits Placed on Non-Economic and Punitive Damages
While there is no cap on economic damages, non-economic damages can be limited when legal action is brought against the state of Texas. These caps are subject to fluctuation based on:
- The type of claim you are seeking
- The level of government you are addressing (with limits differing between city, county, and state entities)
- As per Texas Civil Practice and Remedies Code § 101.023, there is a $250,000 limit in claims against the government for the injuries or death of a single person. If the event involves two or more people, the settlement cannot exceed $500,000.
- In claims regarding property damage, there is a $100,000 limit.
Further, Texas Civil Practice and Remedies Code § 41.001 establishes the following limits on punitive damages. They cannot exceed $200,000 or twice the value of the economic damages, plus non-economic damages, maxing out at $750,000. Regarding your unique case, our attorneys can help you better understand these laws.
Frisco Truck Accident Attorneys are Here to Help Accident Victims
The attorneys at Underwood Law Office want you to be able to focus your energy on what truly matters at a time like this, such as:
- Spending time with loved ones
- Working on your recovery
We can take charge of your legal proceedings when you retain a Frisco truck accident lawyer at our firm, hopefully giving you one less thing to worry about. Your lawyer can provide numerous legal services, including:
- Investigating your case to help prove liability
- Documenting losses to assign a value to your case
- Offering general legal counsel
- Filing paperwork
- Communicating with any defendants and insurance companies
- Handling negotiations
- Representing your case at trial
If you feel confused about what to do next, our team can guide you as your lawyer works on your truck accident case. To help ease your mind, we will be happy to answer any questions you may have. Liability, compensation, legal proceedings, and concerns a Frisco accident case creates can be stressful.
The Parties That May be Liable for Your Truck Accident-Related Losses
You might automatically think the truck driver is the only party you need to become involved with in a legal battle. However, there might be more to the story than you know. You could pursue compensation from any of the following parties:
- The truck driver: The driver might have been operating their vehicle drowsy, intoxicated, distracted, or recklessly.
- The trucking company: The company might have encouraged the driver to speed or overload their bed with cargo. They might have also failed to perform a background check on the driver.
- Your vehicle’s manufacturer: Your car’s brakes might have failed due to a defect the manufacturer knew about before selling you the vehicle.
- A mechanic or repair person: The repair technician that “fixed” your vehicle last time you brought it to the shop might not have truly fixed your problem. They might have also put your car back together incorrectly.
Things to Remember About Texas Law and Its Potential Impact on Your Case
No matter what we do, you do have a limited time to take legal action. As detailed in Texas Civil Practice and Remedies Code § 16.003, there is generally a two-year statute of limitations on personal injury or wrongful death claims.
Also, if you think your action (or inaction) contributed to the accident, your award would be affected. Texas’ proportionate responsibility doctrine imposes rules that mean you might only see a percentage of your losses if you share fault.
The Reality of Frisco Truck Accidents: Your Incident Is a Piece of a Larger Problem
Too many people suffer injuries in truck accidents. People shouldn’t lose their loved ones in this situation, either. However, it keeps happening. Data from the Texas Department of Transportation (TxDOT) affirms this, as it states that over 12,000 people were seriously injured in 2020. The number of Texans lost to vehicle-related fatalities is only rising.
You might have been rear-ended by a truck tailgating you on the Dallas North Tollway or sideswiped on Legacy Drive. Truck accidents cause untold devastation in our communities. Luckily, Texas law allows you to recover damages related to physical ailments, mental anguish, and financial losses.
Our Firm Commits to Helping Our Clients in Any Way We Can
You might face medical bills and other stressors from the accident. You do not need to add an entire accident claim or lawsuit on top of that. Our team can take on all the tasks your case requires. We want to obtain a fair settlement for you that also pays our fee.
When you retain our services, you get a team that cares. Our past client reviews discuss this same spirit:
- “Mr. Underwood and his staff were very supportive. He worked hard and made sure that I received the best offer for my settlement.” – Shana W.
- “Kind, patient, wise, knows all the answers to my questions… I can’t stress enough how kind they were. I was not a file number.” – Lizette H.
- “Mark and his staff were very kind and understanding at every turn.” – Transmontaine
- “I’m thankful for the kindness and compassion they had towards me and my case.” – Kyle S.
Our founding partner, Attorney Mark Underwood, has served Texas accident victims since 1997. He began fighting for justice in the spirit of his grandfather, also a lawyer.
Underwood Law Office is Ready to Hear Your Truck Accident Story
To learn more about your legal options, your free truck accident consultation with an Underwood Law Office representative is waiting at (972) 535-6377. You have nothing to lose by calling our firm to discuss how our Frisco truck accident and Frisco personal injury lawyers can help you.