Available Compensation in Oklahoma Semi-Truck Accidents
Semi-truck crashes in Oklahoma can result in severe injuries, extensive financial challenges, and property damage. If you were involved in a wreck with a commercial truck, you may wonder exactly what compensation for truck accident injuries may be available to you.
Negligent truck drivers, their employers, and their insurers are obligated under Oklahoma law to pay for the losses incurred by truck accident victims. Determining the full extent of these losses is the first step in pursuing a fair compensation package. The truck accident lawyers at Cain Law will review the facts of your accident and injuries to determine which of the following losses may apply in your case – contact us today to learn more in a free consultation. If you’re in pain – call Cain.
Medical Expenses
Truck accident cases often involve serious injuries, sometimes even catastrophic injuries. A comprehensive truck accident claim will seek compensation to cover the costs of all your necessary medical treatment arising from the crash. This includes coverage for:
- Transportation by ambulance from the accident scene
- Emergency room care
- Surgery
- Hospitalization
- Rehabilitation and physical therapy
- Medications
- Future medical treatment and expenses
Your Oklahoma truck accident lawyer will work to determine the extent of your medical expenses and demand full payment from all liable parties. Under Oklahoma law, you can recover compensation for the amount paid to a medical provider. The experienced injury lawyers at Cain Law will have you evaluated by a medical expert to determine if you need future medical treatment, and, if so, will have a life care planner project the cost of the recommended future medical treatment.
Aggravation of Pre-Existing Injuries
While many truck accident claims arise from new injuries caused by the collision, Oklahoma law holds negligent truckers and trucking companies liable for any aggravation they cause to a pre-existing condition. People who experience an aggravation of their condition because of a trucking accident can demand compensation for any new medical bills, lost quality of life, and lost wages. An experienced truck accident lawyer can work with your medical providers to obtain the evidence necessary to establish the aggravation of your pre-existing injuries.
Lost Wages and Reduced Earning Capacity
If your accident has kept you from working, you may be able to seek compensation for lost wages and any potential reduction in future earning capacity. Proving these losses often requires a doctor’s certification that your injuries prevent you from working now or will affect your ability to work in the future.
At Cain Law, our established relationships with top vocational, educational, and financial professionals help us build a strong case to prove your lost income and loss of future earning capacity. We connect with these experts to support your claim, ensuring that your lost earning potential receives the recognition it deserves.
Property Damage
If the semi-truck wreck damaged your vehicle or personal items, Oklahoma law may allow you to claim compensation for a range of losses, including:
- Total Loss – If repair costs exceed your car’s value, it may be considered a total loss. You may receive compensation based on your vehicle’s pre-accident fair market value.
- Salvage Value – If your vehicle can’t be repaired but still has salvage value, you may recover compensation for the difference between its pre- and post-accident value.
- Repair Costs – If your vehicle isn’t totaled, you can recover the cost of necessary repairs.
- Diminished Value – Even after repairs, your car’s resale value may decrease. You could be compensated for this lost value. Experienced attorneys will consult a property damage expert to evaluate your vehicle for diminished value.
- Loss of Use – If the need for repairs leaves you without access to a car, you may receive compensation for the cost of renting a similar vehicle while your vehicle is being fixed.
- Personal Property – You can also seek costs to repair or replace damaged personal items in your vehicle, such as phones, car seats, or glasses.
These categories aim to cover all property-related losses you face after a crash, helping to restore as much of your financial position as possible. An experienced truck accident attorney can calculate the full extent of your property damage to ensure you seek the compensation you deserve.
Pain and Suffering
Another likely element of your semi-truck accident compensation claim is financial support to address the physical and emotional pain and suffering the accident caused. Oklahoma law considers several factors in calculating this compensation, such as the nature and severity of your injuries, the duration of pain, any resulting impairment or disfigurement, and the impact on your daily life and activities. If eligible, this type of compensation aims to address non-financial hardships that affect your quality of life after the accident. This includes past and future pain and suffering.
Loss of Spousal Consortium
If you suffer a severe injury in a truck crash, your relationship with your spouse may be significantly affected. Under Oklahoma law, this is considered a compensable loss. A spousal consortium claim addresses the loss of companionship, affection, and support your spouse experiences due to your injury. Compensation for spousal consortium recognizes the emotional and relational toll of your injuries, including their effects on daily family roles and shared activities. This compensation aims to provide some relief for these intangible losses suffered by your spouse.
Loss of Parental Consortium
Parental consortium claims allow your minor or incapacitated dependent child to seek compensation for the loss of love, companionship, and guidance through a personal injury lawsuit. This compensation recognizes the emotional suffering and the change in the parent-child relationship caused by the injury. Your child may pursue a parental consortium claim to address the impact on your ability to provide emotional and physical care and support to them.
Wrongful Death Damages
If you lost a spouse, child, or parent in a truck accident, you can seek wrongful death damages based on the losses you experienced, such as:
- The loss of financial contributions of money
- Grief
- Loss of society, services, and marriage relationship
- Loss of companionship and love
- Loss of parental care, training, guidance, or education
- Your loved one’s pain and suffering
- Medical and burial expenses
- Loss of anticipated services and support
- Destruction of the parent-child relationship
- Loss of monies spent by the parents for the support, maintenance, and education of their child
Jurors are instructed to determine the amount that would reasonably and fairly compensate for the losses described above that the defendant’s negligence directly caused.
Punitive Damages
The jury may award punitive damages in your truck accident case if the liable party’s actions were particularly reckless or malicious. This compensation is meant to punish the truck driver, the trucking company, or another liable party and to deter others from engaging in similar behavior. In Oklahoma, the amount of punitive damages you may be able to recover depends on the jury’s discretion, although this compensation may be subject to state-imposed maximum limits in some cases.
Contact the Experienced Truck Accident Attorneys at Cain Law for Help with Your Claim
You may be able to pursue and recover truck accident compensation for various losses following an accident. The team at Cain Law is ready to fight on your behalf for a truck accident settlement that fully compensates you for your medical expenses, lost income, pain and suffering, emotional distress, and other losses. We’ve recovered over $100 million for our Oklahoma clients, and we’re committed to resolving your claim efficiently and at no upfront cost to you. Contact us today to discuss your case with an experienced Oklahoma truck accident attorney in a free initial consultation.