When a negligent driver or trucking company causes an accident, the injured party may pursue compensation for their losses. The damages available in truck accident cases fall into several categories: economic damages, non-economic damages, and, in certain cases, punitive damages.
Contacting a skilled truck accident lawyer in Las Vegas promptly is essential to safeguard your rights and start building a solid case for compensation.
Economic Damages
Economic damages cover the actual financial losses sustained as a result of the accident. For example:
- Medical Expenses: The full cost of their accident-related medical care. This includes emergency room visits, hospital stays, surgeries, doctor visits, prescription medications, physical therapy, and medical equipment. If the injury requires long-term care, such as rehabilitation or in-home assistance, those future costs can be included.
- Lost Wages: If you miss work due to your injuries, you can claim lost wages. This includes regular salary, hourly wages, overtime, and lost employment benefits. If your injuries result in a permanent disability that affects your ability to work in the future, compensation may also cover the loss of future earning capacity.
- Property Damage: Truck accidents often cause serious damage to vehicles. Compensation can pay for the cost to repair or replace your damaged vehicle and any other personal property affected by the crash.
- Out-of-Pocket Costs: Any additional expenses directly caused by the accident. These may include transportation to medical appointments, temporary rental vehicles, and the cost of hiring help for household tasks.
Non-Economic Damages
Non-economic damages compensate victims for the physical and emotional effects of the accident. These damages do not have a set monetary value but reflect the personal toll of the crash.
- Pain and Suffering: Damages for the physical pain and emotional suffering caused by the accident. This includes chronic pain, mental anguish, anxiety, depression, and trauma. This type of compensation often makes up a large portion of the award in serious injury cases.
- Loss of Enjoyment of Life: If the injuries prevent you from engaging in hobbies, social activities, or other aspects of daily life they previously enjoyed.
- Disfigurement or Permanent Disability: Truck accidents often cause injuries that lead to permanent impairment or visible scarring. You may receive compensation for any long-term impact on your appearance, mobility, and quality of life.
- Loss of Consortium: In cases involving married victims, spouses may file a separate claim for loss of consortium. This refers to the loss of companionship, affection, and support resulting from the victim’s injuries.
Punitive Damages
In cases involving gross negligence or intentional misconduct, courts may award punitive damages. These damages are not awarded with the intention to compensate the victim but instead to punish the wrongdoer and deter similar behavior. Examples include a defendant (at-fault party) driving under the influence, excessive speeding, or knowingly violating trucking safety regulations.
Is There a Limit on Damages?
In Nevada, truck accident cases are generally not subject to caps on compensatory damages. This means that victims can recover the full amount of their economic and non-economic damages without statutory limitations. However, there are specific caps on punitive damages. Under Nevada law, punitive damages are capped at three times the amount of compensatory damages if those damages exceed $100,000, or $300,000 if compensatory damages are less than $100,000 . These caps do not apply in cases involving defective products, insurance bad faith, or intentional misconduct, such as driving under the influence. Additionally, if a truck accident involves a government employee acting within the scope of their employment, total damages are capped at $100,000, and punitive damages are not permitted.