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 Part 1 – Pain & Suffering Damages

In Delaware’s court system, people who are injured by others have the ability, unfettered by “verbal threshold”, “limited tort” or other restrictive standards, to seek redress by filing a lawsuit, or taking the other party to court. In a court case like a car or truck accident case, that requires proving the other party caused the accident and caused damages (physical injuries, pain and suffering, financial losses, etc.).

After the injured party (plaintiff) proves their case, a judge or jury will render a verdict, and in civil cases, monetary compensation is the end result. That is how the civil justice system works. Be it a contract dispute, an employment issue or an accident/injury case, wrongs are corrected by way of a monetary award.

Truck Accident Injuries are Usually Severe

If not fatal, truck versus car accidents usually result in catastrophic injuries such as fractured bones, spinal injuries and head/brain injuries. That is because of the relative size of trucks compared to other cars on the road. Also, at high speeds, truck accidents usually involve multiple vehicles. For example, a truck accident on Interstate 95 in Delaware might involve 2 or more small passenger cars and many serious injuries for multiple drivers and passengers.

Related: Delaware Truck Accident Law- Is the Truck Company Liable?

Financial Compensation in a Truck Accident Case

In car-truck accident cases in Delaware, injured victims can recover the following types of damages:

  1. Pain and Suffering
  2. Medical Bills in Excess of PIP
  3. Lost Wages in Excess of PIP
  4. Future loss of earnings
  5. Permanent injuries

Below is a discussion of pain and suffering damages in truck accident cases. Click here for a discussion of medical bills and lost wage claims.

Does Delaware Impose a Tort Threshold?

Unlike Pennsylvania or New Jersey which employs a limited tort/verbal threshold scheme, Delaware car accident law is more friendly to individuals injured in auto accidents which occur within the state of Delaware. These tort threshold schemes often limit an injured party’s ability to recover pain and suffering damages. Fortunately, Delaware does not impose these types of restrictions. Therefore, if you are injured in a truck accident in Delaware that was caused by another party, you can recover pain and suffering damages without restrictions.

Pain & Suffering

Under Delaware law, pain and suffering damages are meant to compensate a party for the physical pain and mental anguish caused by another party, i.e., the driver who caused the truck accident. There is no set way to determine how much an injured individual should receive. Courts do not use a special calculation. Instead, compensation for pain and suffering depends on the facts of the case and will therefore vary with each case. Of course, someone who suffers a spine fracture will have different pain and suffering than someone who suffers a knee or leg fracture. Pain and suffering is very much dependent on how the injuries affect the individual.

Related: Common Types of Truck Accidents, by a Delaware Car & Truck Accident Lawyer

If you have been injured in a truck accident in Delaware, please call our office to set up a free initial consultation. (302) 658-1717

For over 30 years, our lawyers have been helping individuals injured in car, truck and pedestrian accidents in Delaware. We have offices in Wilmington, Dover and Newark.