What Is Considered Pain and Suffering in an Accident When a Semi-Truck Driver Is at Fault?
When a large semi-truck crashes into a smaller passenger vehicle, the results can be devastating. Victims often face serious injuries, medical bills, lost income, and ongoing pain and suffering that impact their daily lives. A truck accident lawyer can help injured people understand their legal rights and pursue fair compensation in these difficult situations.
Let’s explore what’s typically considered pain and suffering after a truck accident caused by a negligent semi-truck driver. We will also discuss how a truck accident lawyer can assist victims in documenting and proving their pain and suffering to insurance companies and in court if needed.
Physical Pain from Truck Accident Injuries
One of the most obvious forms of pain and suffering after a truck crash is the physical pain from injuries. Due to the massive size and weight difference between semi-trucks and passenger vehicles, occupants of smaller vehicles often sustain severe, painful injuries in collisions.
Broken bones and fractures are extremely common in serious truck accidents. The force of impact can easily break arms, legs, ribs, collarbones, and other bones. Fractures are not only acutely painful at the time of injury, but they can cause ongoing pain for weeks or months during the healing process. Some fractures may require surgery and rehabilitation, prolonging the pain and recovery time.
Soft tissue injuries like whiplash, sprains, and strains are also frequent in truck crashes. The sudden, violent motion of a collision can severely damage muscles, tendons, and ligaments. While not as visibly dramatic as broken bones, soft tissue injuries can cause debilitating pain that persists for a long time. Whiplash, for example, often results in chronic neck pain and headaches.
Back and spinal cord injuries are particularly serious and painful results of truck accidents. The spinal cord is extremely delicate, and damage to it can cause intense, long-lasting pain as well as loss of sensation or paralysis. Even less severe back injuries like herniated discs can lead to chronic pain that makes it difficult to work or enjoy normal activities.
Head injuries and traumatic brain injuries (TBIs) are another source of both acute and chronic pain for truck accident victims. The initial injury may cause severe headaches, but TBIs can also lead to ongoing issues with headaches, light sensitivity, and other painful symptoms that persist long after the accident.
Internal injuries and organ damage are common in high-impact truck collisions. These injuries may not be immediately apparent but can cause intense pain as they develop. Damage to organs like the liver, spleen, or kidneys can be extremely painful and may require surgery.
Burns are another painful injury that sometimes occurs in truck accidents, especially if the crash leads to a fire or chemical spill. Burns cause intense acute pain and can require lengthy, painful treatments and skin grafts. Scarring from burns can also lead to ongoing pain and discomfort.
Cuts, lacerations, and abrasions may seem minor compared to other injuries, but they can still cause significant pain, especially when extensive. Deep cuts may require stitches and can leave painful scars. Road rash from being ejected in a crash is particularly painful as it heals.
A truck accident lawyer understands how to thoroughly document these painful physical injuries. They will work with medical experts to explain how each injury causes both short-term and long-term pain for the victim. This documentation is useful for demonstrating pain and suffering to insurance companies or a jury.
Emotional Pain and Mental Anguish After a Truck Accident
While physical pain is a major component of suffering after a truck accident, the emotional and psychological toll can be equally devastating. A truck accident attorney recognizes that mental anguish is just as valid as physical pain when it comes to compensation.
Post-traumatic stress disorder (PTSD) is unfortunately common after a serious truck crash. Victims may experience intense anxiety, flashbacks, and nightmares about the accident. PTSD can make driving or riding in a vehicle difficult or impossible without panic. This severely impacts a person’s ability to work and engage in normal daily activities.
Depression often develops in the aftermath of a truck accident, especially if the victim is dealing with long-term injuries, disabilities, or chronic pain. The sudden loss of health, independence, or ability to work can lead to feelings of hopelessness and despair. Depression can make it hard for victims to engage in their recovery or find joy in life.
Anxiety is another frequent emotional consequence of truck accidents. Victims may develop generalized anxiety or specific phobias related to driving or trucks. Constant worry about another accident or financial problems stemming from the crash can significantly diminish quality of life.
Grief and loss are common if the accident resulted in the death of a loved one or if the victim has lost abilities or aspects of their former life due to injuries. The emotional pain of grief can be just as intense as physical pain.
Sleep disturbances often accompany the emotional trauma of a truck accident. Insomnia or nightmares can leave victims exhausted and struggling to function normally. Lack of sleep can worsen both physical and emotional pain.
Mood swings and irritability may develop as victims struggle to cope with pain, limitations, and trauma from the accident. These issues can strain relationships with family and friends.
Loss of enjoyment of life is a broad category of emotional suffering that encompasses the overall diminishment of a person’s quality of life after an accident. This can include the inability to engage in favorite hobbies or activities, loss of intimacy in relationships, and a general sense that life has become more limited and less fulfilling.
A truck accident lawyer knows how to work with mental health professionals to fully document the emotional and psychological impact of the crash. A lawyer can help explain to insurance companies or a jury how these invisible wounds are just as real and damaging as physical injuries.
Chronic Pain and Long-Term Suffering After a Truck Accident
While some pain from truck accident injuries may resolve relatively quickly, many victims are left with chronic pain that persists for months, years, or even permanently. This long-term suffering has a profound impact on all aspects of a person’s life.
Constant physical discomfort makes it difficult to focus on work, enjoy leisure activities, or even get restful sleep. Chronic pain sufferers often feel that pain is controlling their lives.
Limited mobility due to ongoing pain can prevent victims from participating in activities they once enjoyed. Simple tasks like housework or playing with children become challenging or impossible.
Dependence on pain medication is common for those dealing with severe chronic pain. While necessary, pain medications can cause side effects and may lead to issues with addiction.
Reduced earning capacity is a reality for many chronic pain sufferers who can no longer perform their previous job duties. Some may be unable to work at all due to pain.
Strain on relationships often occurs when one partner is dealing with chronic pain. The pain sufferer may become irritable or withdrawn, while their partner may feel burdened by caretaking responsibilities.
Depression and anxiety frequently accompany chronic pain, creating a cycle where emotional distress worsens the experience of physical pain.
Loss of identity is a serious issue for those whose chronic pain prevents them from engaging in activities that were once central to their sense of self, whether that’s a career, sport, or hobby.
A truck accident attorney understands the far-reaching effects of chronic pain on your life. Your attorney will work to ensure that any settlement or court award accounts for both current and future pain and suffering related to the accident.
Documenting Pain and Suffering After a Truck Accident
One of the challenges in seeking compensation for pain and suffering is that it’s largely subjective and invisible. Unlike medical bills or lost income, no clear dollar amount can be assigned to pain. However, a truck accident lawyer has strategies for thoroughly documenting pain and suffering to build a strong case.
Medical records are a key piece of evidence. Detailed notes from doctors about reported pain levels, prescribed pain medications, and ongoing symptoms help establish the extent of suffering.
Pain journals kept by the victim can provide day-to-day documentation of pain levels and how pain impacts daily activities. A truck accident lawyer may advise you to maintain these journals.
Expert testimony from medical professionals can help explain to a jury how specific injuries cause pain and how long that pain is likely to persist.
Mental health records and testimony from therapists or psychologists can document emotional suffering and its impact on your life.
Testimony from friends and family members can illustrate how your life has changed due to pain and suffering from the accident.
Photos and videos showing how injuries impact your daily life can be powerful evidence of ongoing suffering.
Employment records showing missed work or changed job duties due to pain help demonstrate the real-life consequences of suffering.
A truck accident lawyer can compile all of this evidence into a compelling narrative that clearly shows the extent of a victim’s pain and suffering. This thorough documentation is key to securing fair compensation.
Calculating Compensation for Pain and Suffering After a Truck Accident
There’s no standardized method for putting a dollar value on pain and suffering, but insurance companies and courts typically use one of two approaches.
The multiplier method takes the total of economic damages (medical bills, lost income, etc.) and multiplies it by a number between one and a half and five, depending on the severity of injuries and extent of suffering. For example, if economic damages are $100,000 and a multiplier of three is used, pain and suffering will be valued at $300,000.
The per diem method assigns a daily dollar amount to pain and suffering and multiplies it by the number of days the victim experiences pain. For instance, if $200 per day is assigned and the victim suffers for 500 days, pain and suffering will be valued at $100,000.
A truck accident lawyer understands these calculation methods and can argue for the highest appropriate multiplier or daily rate based on the specifics of each case. Your lawyer will know how to present evidence of pain and suffering in a way that justifies substantial compensation.
The Importance of Prompt Action
After a truck accident, it’s important to take prompt action to protect your right to compensation for pain and suffering.
- Seek immediate medical attention, even if injuries seem minor at first. Some injuries, including those causing significant pain, may not be immediately apparent.
- Follow all treatment plans and attend all follow-up appointments. This creates a clear medical record of ongoing pain and suffering.
- Document everything related to the accident and its aftermath, including pain levels, limitations, and how life has changed.
- Avoid discussing the accident or injuries on social media, as these posts can be used to dispute claims of pain and suffering.
- Contact a truck accident lawyer as soon as possible. Early involvement of an attorney ensures that evidence is preserved and victims don’t inadvertently say or do anything to harm their claim.
A truck accident lawyer will advise you on all the necessary steps to build a strong case for pain and suffering compensation.
A Truck Accident Lawyer Can Help You
Pain and suffering are significant, life-changing consequences of truck accidents caused by negligent semi-truck drivers. While no amount of money can truly compensate for the physical and emotional trauma you’ve endured, fair financial compensation can provide resources for ongoing care and help you rebuild your life.
A truck accident lawyer can document your pain and suffering, calculate appropriate compensation, and advocate for your rights against powerful trucking companies and insurance providers. By thoroughly understanding what constitutes pain and suffering and working with a skilled truck accident lawyer, you can pursue the full compensation you deserve for the profound impact the accident has had on your life. Don’t face this challenging time alone, call an experienced truck accident attorney today.
Ted R. Lorenz, Austin Truck Accident Attorney