Recovering Damages in Virginia Truck Accidents
If you or a loved one have been involved in a Virginia Truck Accident that was not your fault, you have the ability to file a claim for your damages. Damages fall into two separate and distinct categories: economic damages and a non-economic damages. How your attorney presents these claims is going to make the difference between a modest recovery and a significant recovery either prelitigation, or in trial. The experienced Virginia truck accident lawyers at Blaszkow Legal are going to be able to help maximize your recovery, and get you the compensation that you and your family deserve.
Economic damages refers to very specific and a documentable economic losses that you have suffered, such as medical bills, prescription receipts, and time lost from work. These are rather cut and dry - if your hospital stay cost $100,000, then one element of your claim is that $100,000 bill. However, what if you have made a full recovery after all treatment is done? This may mean that you have a limited claim for permanent injuries. In this instance, a skilled truck accident lawyer is going to have to work hard to prove your non-economic damages, and develop the evidence to make that claim.
Non-economic damages encompass things that are not black and white, such as pain and suffering, permanent injury, significant impairment, inconvenience, and things of that nature.
Making the Claim For Compensation
If you have been injured as the result of a truck accident that was not your fault, your claim is for both your economic and non-economic damages, as above. Damages means the individual items that result in an award of money as compensation for those injuries. The amount of money that you are able to recover depends entirely on how a judge and a jury looks at your case, specifically the evidence that is entered prove your case.
Juries are generally the ultimate decider of these issues (sometimes referred to as the "triers of fact"). It is very important for a good lawyer to fully document and explore all of the ways that this accident, and your injuries, have impacted your life, so that the evidence can be admitted to give the jury a good foundation upon which to base their determination of your award.
The Role of the Jury
The jury is the ultimate decision maker in a Virginia truck accident case. They determine liability, and then both economic and non-economic damages. For example, a jury can decide that 10 out of 11 doctors' visits are related to the case. Or they may determine that all are. Or none! It is the role of the attorney prove each and every element of your damages.
Damages Caps in Virginia
Economic and non economic damages do not have monetary caps under Virginia law. However, there are caps for things like punitive damages, in the event that the truck driver who caused your accident was drinking or otherwise under the influence.
Does this mean my case will go to trial?
Most car accidents - over 80% - that are in our office will settle before a lawsuit is filed. Of the cases that have to be filed, over half of these will settle before the case actually goes to a trial. However truck accidents are a little different, statistically. Because of the amounts being claimed, most insurance companies will not even entertain settlement until a lawsuit is filed. This is not a universal rule, merely a statistical reality.
In some cases, defense law firms will not entertain settlement negotiations until after depositions have been done. Whether they do this to properly investigate a case, or merely to run up their hourly billing fees, is unknown. But merely because a lawsuit is filed, does not mean that it cannot settle. A case can settle from the moment of the impact, all the way up to the time that a jury walks back in the room after deliberating.
Hiring the Right Virginia Truck Accident Lawyer
Not all lawyers are the same. A lawyer who handles trusts and estates, or even regular car accidents, may not understand all of the ins and outs of working, investigating, and proving a truck accident case. Blaszkow Legal, PLLC is one of the firms that has worked significant truck accident cases, and gotten great results for our clients. We use the Blaszkow Legal Method in every case, whether it is truck, car, or pedestrian involved. The Blaszkow Legal Method means that we work up the case for litigation, from the minute our client walks into our office. This shows the insurance companies that we are ready, willing, and able to fight them at every step of the way to maximize our clients recovery.
If you were a family member have been involved in a Virginia truck accident for which they were not responsible, call the Alexandria Injury Attorney today and set our team to work for you. 703-879-5910