Compensation for Truck Accident Damages in Miami
Due to the sheer size of large commercial trucks and the force of impact, truck accidents cause a large number of catastrophic injuries. As a result, if you were involved in a truck accident, you likely require intensive and long-term medical treatment.
Fortunately, you can often recover significant compensation for your injuries. Tort law seeks to put you back into the position in which you were before the accident by compensating you for your injuries, as much as possible. However, serious or fatal truck accidents can be extremely complicated and you may have only one opportunity to obtain the financial compensation to which you are entitled. Don't take chances with your future. Contact us. We have expertise in the state and federal laws governing trucking accidents. We know how to successfully resolve complicated legal cases.
There are different types of damages you may claim in the State of Florida when you have sustained injuries after a trucking accident. Most damages that are awarded in personal cases are compensatory damages, meaning that they seek to reimburse you for a loss you suffered because of an injury.
Our attorney, Sean Cleary, will assist you in making a claim for personal injury for both your economic and non-economic damages that relate to your quality of life. Economic compensatory damages in the State of Florida may include:
- Cost of current and future medical expenses
- Cost of transportation to medical appointments
- Cost of personal and household services
- Lost earnings and future earning potential
- Cost of rehabilitation
- Cost of psychological counseling
- Cost of medical and assistive devices
- Cost of refitting home and vehicle to accommodate your disability
- Any other out-of-pocket expenses necessitated by the accident
Non-economic compensatory damages may include:
- Pain and suffering
- Emotional anguish
- Loss of enjoyment of life
- Loss of consortium
These are some examples of the types of compensatory damages that may be available in your case. Also, depending on the circumstances, there may be punitive damages available after your truck accident case, designed to punish a trucking company for its willful violation of safety regulations. Florida law allows punitive damages to be awarded in limited circumstances, but the conduct of truckers and trucking companies in accident cases often fits theses limited circumstances, so punitive damages are typically awarded in truck accident cases.
If you prevail on the punitive damages claim, the amount awarded would most likely be capped:
- Under Florida law, punitive damages are limited to three times the amount of compensatory damages or $500K, whichever is greater
- The cap can be set at four times the amount of compensatory damages or $2M, whichever is greater when it can be shown that the trucking company was “motivated solely by unreasonable financial gain”
- In rare cases (an example might be a road rage incident) when “specific intent to harm" can be shown, the amount awarded would not be capped
Our role is to seek maximum recovery for you and your family, going beyond seeking compensatory damages and seeking recovery of punitive damages as well where warranted. If you would like to learn more about seeking damages in a truck accident case that has impacted you or a family member, please contact the seasoned truck accident attorney at The Law Offices of Sean M. Cleary for a free consultation about your case.
Our thoughts and hearts go out to all affected by truck accidents. We've helped injured clients or families of victims killed in truck crashes recover the money they deserved, and we're here to help you too. Here are some informative examples of Miami truck accident cases and their verdicts and settlements:
- A couple was killed after a tractor-trailer rear-ended their van and pinned it against another tractor-trailer stopped in an intersection in Miami. The tractor-trailer was traveling above highway speed - $5,5M
- A truck driver in Florida ran a red light striking a car and causing brain injury to the driver of the passenger vehicle - $20M
- A man was injured when his car slid underneath a trailer after the truck attempted a U-turn on a Miami highway at night time - $1.8M
- A woman was struck by a commercial delivery truck while riding her bicycle in Miami - $6M
- The driver of a bus was killed when a tractor-trailer attempted to merge in front of him, resulting in a collision in a highway in Miami - $4.8M
- A tractor-trailer changed lanes into a vehicle causing a man's death - $1.5M
- A tractor-trailer collided in an intersection in Florida with a stopped vehicle causing a man to suffer a mild traumatic injury - $1.125M
- A driver was killed in a crash caused by a propane truck that ran out of control - $1,395M
- A wheel came off a tractor-trailer and hit a vehicle traveling in the opposite direction, causing it to roll over - $16M
- A tractor-trailer collision resulted in axle crossing median wall and hitting a man’s vehicle - $4.3M
- A logging truck turned, and the logs penetrated a car's windshield - $2.25M