Damages That Can Be Sought in the Wake of Injury From a Defective Tire (and Rollover) Accident
There are two different types of damages in personal injury cases in the State of Texas. They are general damages and special damages.
Because general damages do not have a tangible value associated with them, they can be subject to a certain amount of interpretation when establishing their value and differ from situation to situation in the way they are calculated. Some, but not all, examples of general damages can include pain and suffering, mental anguish, physical impairment, emotional suffering, injury to your reputation, and disfigurement.
To better understand the subjectivity of general damages, imagine two victims of a blowout accident caused by defective tires where the vehicle rolled over and exploded. Both were badly burned. But one plaintiff was unconscious during the explosion. Though he suffered horrible burns, he was not mentally alert to experience the pain as it happened. The other plaintiff was just as severely burned and fully alert enough to experience the full and terrible agony of his burns as they happened. Even though both of these victims may end up with similar injuries and medical expenses, each experienced a different level of pain and suffering. The monetary damages each victim receives will likely vary: and the conscious victim will receive higher compensation for comparatively more pain and suffering.
Another reason general damages can be subjective is that every person is affected differently by their injuries. If a 30-year-old beauty contestant has a large scar on her face from a rollover wreck caused by defective tires, she is more apparently affected by her mutilation than a 35-year-old firefighter; and has a right to higher compensation. Some people are not as concerned about their physical appearance as others whose reputations rely more heavily on their looks. The beauty queen’s damage is a more traumatic event in this comparative case and justifies a higher compensation amount.
The other classification, special damages (also known as economic damages), is any form of damage that has a specific dollar amount. A few examples of special damages include lost wages, past, present, and future medical expenses, property damage, court costs, and the loss of current and future earning capability.
Imagine that same 35-year-old firefighter who made $60,000 a year is no longer able to work after losing a leg in a defective tire rollover accident. He can’t perform the job-related physical tasks that he has done so for many years; and would have been able to perform for many more. This fireman will lose a significant amount of future income he normally would have earned over his remaining 30+ years of expected firefighter employment. Texas law recognizes this and allows him to ask for (in this case) at least $1.2 million in damages due to lost earning capacity, in addition to any other special and general damages that might apply to his case.
Just because that fireman or beauty queen has a right to ask for these significant damages, proving it to a jury, or convincing a multitude of defendants to fairly settle a defective tire rollover accident case is not automatic. You should have the assistance of a defective tire and rollover accident lawyer with our Law Firm.
Your Insured Opponents Work to Deny Your Rightful Damages
Since a lot of money is involved in your injury case against the identified defendants from your defective tire rollover accident, insurance companies will undoubtedly be at the bottom of your opposition. They have a lot of money which they will fight tooth-and-nail to keep. They have excellent lawyers, either on-staff or on-retainer. And these lawyers work with the insurance companies’ adjusters to foil you from collecting reasonable damage for your medical bills, pain, and suffering, lost wages, future income if you are disabled, and property damage.
You must have an experienced personal injury attorney who specializes in tire defect/rollover accidents: including the capability to mount a thorough investigation and call on whatever expert witnesses are necessary to produce the strongest possible case for you.
With decades of experience fighting the insurance companies, our defective tire, and rollover accident investigative specialists and attorneys build strong cases that encourage insurance companies to reasonably settle your case. They (and you) avoid the dubious risk of an expensive trial, and you can receive the money you are entitled to that you need to resume your life and recover from this tragedy as best as you can.
For decades our Law Firm has helped many victims and their families of defective tire, blowout, or rollover accidents. If you or a loved one has suffered from such an accident, you should call us today at 1(800) 862-1260 (toll-free) to arrange for a free consultation with our team of experienced accident injury lawyers. We are adept at representing victims of wrecks caused by defective tires and blowouts. We can answer any of your questions about the specific details of your case and help you on the road to recovery.