18 Wheeler Accident Damages and Compensation in Texas

Anytime there is an accident involving an 18 wheeler there is bound to be personal injuries to the motorist who was involved in the collision.  The types of injuries caused by 18 wheelers are usually severe due to the force of impact that a truck of this size causes.  The types of injuries that result from a trucking accident include broken bones, lacerations from the broken glass and metal, severe bruising, head trauma, brain contusions, spinal cord injuries, concussions, loss of limbs, amputations, severe disfigurement, burns and even death.

If you or a loved one has been injured in a big rig accident contact the truck accident attorneys at Gordon & Elias, L.L.P.

Types of Recoverable Damages

The next question becomes, “how do I get compensated for my injuries?” This question is important in that a skilled attorney must categorizeeach and every loss you have suffered into a legal form of recovery. Some of the different legal forms of recovery are listed below:

Past Physical Pain

In order to prove past physical pain the victim can either testify as to the pain or can offer evidence other evidence. See of Harlingen v. Vega, 951 S.W.2d 25, 29 (Tex.App.–Corpus Christi 1997, no writ).  The law also assumes that physical pain results from serious bodily injury.  City of Tyler v. Likes, 962 S.W.2d 489, 495 (Tex. 1997).

Future Physical Pain

This type of pain is also determined by the victim as well as by the treating physician that can establish the nature of the injury and its potential to cause pain in the future.

Mental Anguish

Mental anguish is defined as “intense pain of body or mind...or a high degree  of  mental  suffering.”   Hicks  v.  Ricardo,  834 S.W.2d 587, 590 (Tex.App.–Houston [1  Dist.] 1992, no writ).  Mental anguish is more than mere worry, anxiety, vexation or anger.  Id.  Further, mental anguish is recoverable upon a finding that the plaintiff was physically injured.

Disfigurement

In  a  personal  injury  suit,  a  plaintiff  can  recover damages for past and future disfigurement.  Wal-Mart Stores, Inc. v. Tinsley, 998 S.W.2d 664, 673(Tex.App.–Texarkana 1999, pet. denied).  Disfigurement is defined as “that which impairs the beauty, symmetry or appearance  of  a  person  or  thing;  that  which  renders unsightly, misshapened, or imperfect or deforms in some manner.”  Id.

Physical Impairement

Physical impairment is defined as the “loss of enjoyment of  life”  or the “loss of the injured’s party’s former lifestyle.”   Dawson v. Briggs, 107 S.W.3d 739, 752 (Tex.App.–Fort Worth 2003, no pet. h.).  Physical impairment includes the inability to participate in sports, hobbies or other recreational activities.   See Southern Pac. Transp. Co. v. Harlow, 729 S.W.2d 946, 950-51 (Tex.App.–Corpus Christi 1987, writ denied)(holding that plaintiff’s inability to play racquetball, perform routine car maintenance  or  home  repairs  and  other  recreational activities was sufficient to support a finding of damages for physical impairment).

Medical Expenses

In order to recover for past medical expenses, a plaintiff must prove that: (1) the expenses were reasonable in the amount and necessary in treating the injury and (2) the medical expenses were incurred or paid by the plaintiff or on behalf of the plaintiff.  TEX. CIV. PRAC. & REM. CODE ANN. § 41.0105.

Compensation for 18 Wheeler Accidents in Texas

Regretfully, in our legal structure, many times the only way a victim can be made “whole” again is by compensation from the guilty party.  We understand that these accidents can destroy lives so much so that no amount of compensation will ever make it right.  However, because we must work within the structure of our legal system, we can help you recover money for your pain and suffering.  Compensation is what you hire an attorney for.  Compensation is what we strive to obtain for you to help you get through this difficult time and back on your feet.

We can also help you find appropriate medical care to help you recover from your injuries.  We have worked with many trauma doctors that are skilled in helping you rehabilitate your injuries, and would be glad to share their information with you.  Many times they will work on a letter of protection which means you will not have to pay until you have recovered a money settlement from the insurance company.

Fighting Trucking Company Defense Attorneys

We understand that trucking companies have large insurance companies that are paid to protect them even when they have acted negligently in an accident.  We also understand that if you have been injured in an accident with an 18 wheeler you are going to need a lawyer who can act quickly to maximize any personal injury damages you may be entitled to.  We are truck accident lawyers you can depend on to work hard for the best possible monetary result.

It is always our goal to maximize any recovery you are entitled to.  Further, we are not able to accept any offer of settlement without your express approval.  This is a cooperative effort between you and the and your attorney to make sure that every opportunity is taken to get you the money you deserve for the injuries incurred as a result of a trucking accident in Texas.

Contact the law offices of Gordon & Elias, L.L.P. who specializes in truck accident liability. We can help you win your truck accident case. Contact us by filling out the Free Case Evaluation Form or calling TOLL FREE: 800 - 773 - 6770.