Most people in Mississippi know if they are injured as a result of another’s actions, they may receive some type of recovery or damages for their losses. What the injured party may not fully understand is what exactly the recovery entails.
Some of the most known types of recovery for injury cases are pain and suffering and loss enjoyment of life. This compensates a person for the physical and emotional injuries sustained due to someone else’s negligence. The most obvious is for physical injuries that are seen and documented by healthcare providers such as strains/sprains, abrasions, or bruises/contusions. However, due to the size and weight of commercial trucks, injuries are frequently catastrophic. More serious injuries include broken bones, paralysis, lacerations resulting in permanent scars, or injuries requiring surgical intervention. Traumatic injuries are more likely to occur when a truck driver is going too fast or not paying attention to his or her surroundings.
An injured person may also receive pain and suffering for emotional injuries such as anxiety, depression or emotional stress. Just as with physical injuries, the injured person must have these conditions evaluated and documented by a healthcare provider.
The next most commonly known recovery is referred to as “out of pocket” damages. These include losses that are able to be quantified in dollar amounts, most commonly medical bills. This could include bills for treatment received, or in more severe cases, future medical treatment or surgery that is documented by a doctor or specialist. In a heavy-impact wreck, such as an override accident, extensive treatment may be needed. This area also includes items like prescriptions or any other necessary medical supplies or equipment, such as a back brace, crutches, or a wheelchair.
If a person is injured to the point they are not able to work, he or she may be entitled to loss of income damages. In order to make a recovery for lost income, the medical provider must opine that the injured person cannot work, and proof of income loss is needed. Loss of income will usually need to be corroborated by the injured person’s employer. For those who are self employed, tax returns or other financial statements may suffice.
In addition to the recoveries noted above, the injured party is able to recover for damaged property. Most people probably are aware they are entitled to repairs to their vehicle due to another person’s negligence. This usually is as simple as having the vehicle repaired after the accident. Any accident related damage should be repaired to pre-accident condition. This would also extend to any other personal property damaged such as cell phones, eyeglasses or other damaged items.
If an injured party is unable to use the vehicle due to damage, he or she may be entitled to a lesser known recovery such as rental replacement or loss of use. While the damaged vehicle is being repaired, the injured party could receive a temporary rental vehicle as replacement. If a rental car is not available, the injured party may still receive recovery for the loss of ability to use their own vehicle. Loss of use usually is calculated by allowing an amount of money for each day the vehicle was unable to be used, usually subject to certain limitations.
If the damaged vehicle is relatively new, even after repairs are made, the owner may be entitled to recovery for diminished value. This is recovery to account for any depreciation in market value of the vehicle after repairs were made. Most times, in order to receive this recovery the property owner will need to obtain documentation from a qualified expert or dealer to support the diminished value of the vehicle in its updated condition.
After being hit by a large truck or tractor trailer, it is important to know all of your legal rights. Under Mississippi law, truck accident claims must be brought within a very specific time frame or the claim may forever be barred. To discuss your case with an experienced trucking accident attorney, call Nahon, Saharovich & Trotz today at 1-800-LAW-4004. We represent people injured throughout Mississippi, including in Jackson and Tupelo.