In Texas, courts recognize that emotional distress after a major trucking accident can exceed ordinary worry or upset. For example, your health, your sense of safety, and your relationships may all suffer, even if the initial physical injuries heal. But how to put a price on lasting nightmares or the crushing weight of grief? An attorney makes sure the emotional impact is legally acknowledged.
No car accident is easy to endure, but wrecks that involve trucks are especially traumatizing, and serious harm is likelier. In and around San Marcos, Texas, the major trade route Interstate 35 presents a higher-than-average risk of commercial vehicle accidents and resulting injuries. Whether you’ve survived or lost a loved one to a trucking accident, the San Marcos TX injury lawyers at Carabin Shaw know how to secure emotional damages as part of the complete compensation package you deserve.
What Are Emotional Damages?Emotional damages fall under a broader legal category called “noneconomic damages.” This type of compensation exists for harm that doesn’t come with a bill or receipt but still seriously affects your quality of life. The cost of a doctor’s appointment is a clear economic loss, but you can also be compensated for consequences without direct financial impact, such as a long-term inability to sleep or recurring panic attacks.
Common Examples After a Truck Accident“Pain and suffering” is another catch-all term for emotional injuries that you can be compensated for. The following emotional damages are often cited after a commercial vehicle accident in San Marcos, Texas:
These types of noneconomic damages can be included in both personal injury claims and wrongful death cases.
Limitations on Emotional Damages in TexasBecause placing a value on mental anguish is subjective, three out of five U.S. states have chosen to cap noneconomic damages to prevent unchecked emotional damage-seeking. For instance, $250,000 is the noneconomic damage cap in a San Marcos truck accident claim.
Although this might seem like a lot of money, this limitation can feel unjust: You’ve already experienced firsthand how devastating emotional harm can be. And now you’re facing corporations, like commercial trucking companies, trying to reduce their financial liability by downplaying your claims. A lawyer will take on the burden of proving your suffering in a way the court will accept.
Putting a Monetary Value on Intangible PainThe Texas Supreme Court has acknowledged that assigning a dollar amount to pain like grief is never going to be a “matter of mathematical precision.” And yet the courts also emphasize that the calculation should still be rational and grounded in evidence.
Your San Marcos TX personal injury attorneys will work to provide evidence of your emotional damage that resonates with other lawyers and judges, such as:
If you’re not sure how to begin quantifying the emotional damages of your experience, we offer a free case review at Carabin Shaw to help you understand what’s possible.
Why an Experienced San Marcos Lawyer Is Invaluable | Contact Carabin Shaw Today to Schedule Your Free, No-Obligation Consultation!Trying to prove the emotional trauma of an accident is even harder when dealing with insurance companies and legal deadlines. That’s why having the right attorney matters.
If you’re ready to talk, give our established Texas law firm a call toll-free at 800-862-1260. We’re available 24/7, and we can support you in English and Spanish according to your preference. There’s no financial downside because we offer our services on a contingency-fee basis, meaning you pay nothing unless we win.
Our team is committed to helping you find real closure, not just the first settlement offer, and our client reviews show it. We’ll walk you through every step of your claim, from documenting your emotional distress to making sure your voice is fully heard.
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