What Damages Can I Claim for a Truck Accident Wrongful Death?

 Posted on June 07, 2024 in Truck accidents

Truck collisions are known to have higher fatality rates than passenger car collisions. When someone dies in a truck wreck, the victim’s family may be able to sue the other party for wrongful death.

According to Texas law, wrongful death means that someone died as a result of another person’s “wrongful act, neglect, carelessness, unskillfulness, or default.” So, if a person was killed in a car or truck accident, his or her relatives may be able to claim compensation for damages.

This article will discuss the types of damages that can be claimed in a wrongful death case following a truck collision. However, keep in mind that some of these claims are not easy to win, so they should be brought by a skilled personal injury attorney.

Economic Damages

Economic damages, which refer to financial losses, are the easiest type of damages to claim. This is because they can be quantified. When you sue for economic damages, you are telling the court that you lost money and you want the other party — the defendant — to reimburse you. Such losses include:

• Medical bills
• Funeral and burial costs
• The loss of income that the victim was providing
• The loss of benefits that the victim was providing, such as health and/or military benefits
• Any inheritance the descendants of the victim would have received
• The loss of lifetime earnings the deceased victim would have provided the family

Non-Economic Damages

Non-economic damages are more difficult to claim. Because they are not financial losses, it is harder to put a dollar amount on them. Examples of these include:

• Pain and suffering
• Mental anguish
• Emotional distress
• Loss of love and companionship

Both economic and non-economic damages are part of the overall category of compensatory damages. This means that you are asking to be compensated for something you have lost.

Punitive Damages

Punitive damages, on the other hand, have nothing to do with compensating you for a loss. The sole purpose of punitive damages is to punish the defendant. It is rare to win a claim for punitive damages because they are reserved for instances where the defendant’s actions were particularly appalling. Texas law places a cap on punitive damages, which is equal to the greater of the following:

• $200,000
• Twice the amount of the non-economic damages but not to exceed $750,000

Contact a New Braunfels, TX Truck Accident Lawyer

Because of their size and weight, trucks sometimes cause heavy injuries when they collide. Whether the accident involves a wrongful death or another type of injury, consult a Schertz, Texas truck accident attorney. At The Bettersworth Law Firm, we have over 25 years of experience dealing with complex commercial vehicle collisions. If you or a loved one has been injured in a truck accident, you deserve a compassionate and aggressive attorney who will seek the maximum damages for you. Call 830-606-0404 to start building your claim today.