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What damages can you recover after a trucking collision?

On Behalf of | May 20, 2024 | Truck Accidents

The consequences of a trucking collision can be long-lasting and severe. Fortunately, truck accident victims have options when it comes to recovering damages after an accident. In Georgia, victims have two years to file personal injury claims against the truck drivers, trucking companies, and manufacturers who caused the collision.

There are two types of damages available after a trucking collision: economic damages and non-economic damages.

Economic damages

Trucking accident victims often suffer monetary loss as a result of their injuries and damages. Economic damages are intended to cover these expenses. Here are some of the most common economic damages awarded in personal injury suits:

  • Medical expenses.
  • Lost wages.
  • Loss of income capacity.
  • Property damage.

Non-economic damages

Unlike economic damages, non-economic damages are subjective and therefore cannot be proven by just presenting bills, paystubs, and invoices. Non-economic damages include:

  • Pain and suffering.
  • Mental anguish.
  • Scarring and disfigurement.
  • Loss of enjoyment of life.
  • Loss of companionship.

Courts will consider several factors when determining how much to award in non-economic damages, including the severity of your injuries and the impact they have on you and your family. You can establish non-economic damages by having people you know testify as to how your injuries have impacted your everyday life. You may also ask experts in psychiatry, vocational experts, and other experts to provide information on how your injuries affect you.

In Georgia, there are no limits on the amount in damages one can receive. However, under Georgia’s modified comparative negligence laws, if you are found to be more than 50 percent at-fault for the collision, you may not be able to recover any damages. If you are found to be less than 50 percent at-fault, your damages will be reduced based on the percentage of fault attributed to you. For example, if you are found to be 30 percent at fault, you will only receive $70,000 of the $100,000 in damages awarded to you.