What Claims Can I Make Against a Truck Driver Who Injured My Brain?
Being injured in an accident caused by a negligent or reckless truck driver can cause a host of problems that will create lasting change in your life—especially in the event of a traumatic brain injury (TBI). You may face memory problems, ongoing trouble concentrating on tasks that were once second nature, and a host of other problems that can make it difficult for you to return to your former life. In some cases, you may eventually return to normal. In others, you may find yourself dealing with the repercussions of your injuries for years on end.
If you’ve been injured by a negligent or reckless truck driver, there are several types of damages you may be able to pursue through a legal claim. Working with a knowledgeable truck accident lawyer is one of the most effective ways to fully understand those claims and make sure that you protect your rights.
Suffering a TBI in an accident involving a large truck usually means facing unexpected medical bills. Your no-fault insurance may cover some of those expenses, but it’s not uncommon for them to exceed insurance policy limits. When your no-fault insurance runs out, then what?
Under Florida’s no-fault insurance law, if you suffered severe injuries (or if your loved one died) in an accident involving a large truck, you may be entitled to pursue a legal action to recover the cost of your medical expenses from the trucker, the trucker’s employer, and/or the truck’s owner. If your claim succeeds, you may be able to recover the amount of unpaid medical bills so far, as well as the estimated amount of reasonable future medical expenses related to your injury. Medical bills include your initial trip to the hospital emergency department, any hospital stay, physical therapy, occupational therapy, ongoing care, and other medical-related expenses you wouldn’t have had to bear but the injury.
For victims of a TBI, these expenses can be large, because of the often long-lasting and intensive therapy necessary to recover from that kind of injury.
Lost Wages and Lost Earning Potential
When you’ve received a serious TBI, lost time at work can start piling up quickly. Not only will you need to miss time at work while you are hospitalized, you may need time off work to recover. Depending on the severity of your TBI, it may be quite some time before you’re able to return to your normal work schedule. This extended period of no or limited work can leave you with significant financial challenges.
Worse, suffering a permanent brain injury in a truck accident may cost you a large portion of your long-term earning potential. TBIs often leave their victims unable to complete the tasks that they once handled with ease. This kind of setback can cause a TBI sufferer to miss out on years’ worth—and sometimes even a lifetime—of potential income.
An experienced truck accident lawyer will have the resources to calculate the scope of the future earnings lost because of a TBI. The calculation often includes seeking the help of an economist or financial planner experienced in projecting what a person would have earned if not for a TBI, working hand-in-hand with a medical team making a reasonable prognosis for your recovery.
Pain and Suffering
Pain and suffering can be difficult to quantify, especially in financial terms. This is one of the most uncertain areas of many legal claims, and it’s one of the areas where an experienced truck accident lawyer can be most valuable to you. Calculating an appropriate amount of compensation for pain and suffering requires considering a wide range of factors, such as the emotional distress related to your accident, embarrassment and anguish about new emotional and cognitive disabilities brought about by your TBI, and loss of your professional reputation, to name a few. In some cases, your family members may also be entitled to seek payment for “loss of consortium” to compensate for the damage done to your family relationships by the TBI.
Funeral and Burial Expenses
When someone you love dies as a result of a traumatic brain injury suffered as a result of an accident caused by a negligent or reckless truck driver, reasonable damages typically also include funeral and burial expenses.
Who Do You File Claims Against?
In the immediate aftermath of your accident, you may be presented with a settlement offer from the insurance companies for the driver and/or the trucking company. In many cases, the truck driver may not be the only one responsible for helping to pay for your injuries. The trucking company the trucker works for may also be required to provide compensation if they created circumstances that contributed to the accident, such as by requiring the trucker to drive for too many hours, by failing to adequately train drivers in safety practices, or by forcing drivers to drive trucks that are not properly maintained. Additionally, if a component of the truck involved in the accident failed, the manufacturer of the truck or its component may also bear legal liability.
Working with an experienced truck accident lawyer is the most effective way to discover who may potentially be responsible for compensating you for your injuries.
Get the Support You Deserve
If you’ve suffered a TBI in an accident caused by a negligent or reckless truck driver, you may be entitled to significant compensation. Make sure that you have the best legal representation possible. At Dolman Law Group, we represent Floridians injured in motor vehicle accidents involving large trucks. We’re dedicated to helping our clients recover the compensation they need to help pay their bills and move on with their lives. If you live in the Tampa Bay area and have suffered a TBI in a truck-related accident, contact the Dolman Law Group today online or at (727) 451-6900 to set up your free consultation to learn more about how we may be able to help you recover compensation.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756