Hidden Damages in Commercial Truck Accident Claims
Commercial truck accidents often result in severe injuries, costly medical bills, and long-term financial hardships.
In Georgia, personal injury law allows accident victims to seek compensation for a wide range of damages, including those that may not be immediately obvious. Insurance companies often attempt to settle quickly, hoping victims will accept less than they deserve.
That’s why it’s important to uncover every category of loss, including those that may not appear until weeks or months after the accident.
Calculating these losses requires medical and vocational assessments, which insurance companies may try to downplay. As an experienced personal injury attorney at Kyle H. Jarzmik Law in Atlanta, Georgia, I’ve seen firsthand how devastating commercial truck accidents can be. That’s why a detailed legal strategy is necessary to fully account for the financial impact of a truck accident.
Hidden Damages
While victims usually focus on immediate damages—such as medical expenses and vehicle repairs—there are many hidden damages that deserve attention. Understanding the full extent of a claim is essential for securing fair compensation.
Pain and suffering are often underestimated in commercial truck accident claims. Beyond physical injuries, victims may experience emotional distress, anxiety, and even post-traumatic stress disorder (PTSD) due to the traumatic nature of the crash.
These psychological effects can last long after physical wounds have healed, affecting daily life, work performance, and relationships. Under Georgia personal injury law, victims have the right to pursue compensation for these non-economic damages, but proving them requires thorough documentation and legal advocacy.
Another overlooked category of hidden damages involves lost earning capacity. While immediate lost wages are often included in claims, some injuries lead to long-term or permanent impairments that affect a victim’s ability to work at the same level as before.
If an injury limits mobility, causes chronic pain, or results in cognitive impairment, it can impact future job opportunities and earning potential.
Immediate and Delayed Injuries
After a truck accident, some injuries are immediately apparent. Broken bones, deep cuts, and burns are often treated at the scene or shortly after. However, other injuries take time to develop.
Concussions, whiplash, and soft tissue injuries might not show symptoms right away, leading some victims to underestimate the severity of their condition.
Traumatic brain injuries (TBI) are a good example. A person may feel fine after an accident but develop headaches, memory issues, or difficulty concentrating days later. Without proper medical evaluation, these injuries may go undiagnosed, leading to long-term health problems.
Spinal injuries also fall into this category. A person may initially experience stiffness or soreness but later develop nerve damage, chronic pain, or even partial paralysis. When evaluating a personal injury claim, it’s important to consider how injuries may progress over time rather than focusing only on the immediate medical expenses.
Lost Wages and Diminished Earning Potential
Many truck accident victims miss work while recovering, leading to lost wages. This financial strain is one of the most obvious damages in a personal injury claim. However, the impact on future earnings is often overlooked.
Some injuries prevent a person from returning to the same type of work they did before the accident. A construction worker who suffers a back injury, for example, may no longer be able to perform physically demanding tasks. Even if they can return to work in a different capacity, their earning potential may be significantly reduced.
When building a case, I work with medical and economic professionals to calculate the full impact of lost wages, including future earnings. It’s not just about what a client loses today but also about how their personal injury affects their long-term financial stability.
Emotional and Psychological Trauma
The emotional toll of a truck accident can be just as severe as the physical injuries. Many victims develop anxiety, depression, or post-traumatic stress disorder (PTSD) after experiencing such a violent event. Flashbacks, nightmares, and fear of driving are common symptoms, and they can make daily life difficult.
Emotional distress damages are recognized under Georgia personal injury law, but they can be difficult to quantify. Unlike medical bills, there’s no receipt for the emotional pain a person endures. However, therapy costs, medication expenses, and expert testimony from mental health professionals help establish the impact of these damages.
In some cases, a victim’s relationships suffer. Marriages can become strained when one partner is struggling with chronic pain or emotional trauma. Parents may find it difficult to care for their children the way they did before the accident. These losses deserve consideration when seeking compensation.
Hidden Costs of Medical Care
Medical bills are often one of the biggest financial burdens after a truck accident. While hospital stays, surgeries, and medication costs are expected, many victims don’t realize how quickly additional expenses add up.
Some common medical expenses include:
Ongoing physical therapy: Many injuries require months or even years of rehabilitation.
Home modifications: Wheelchair ramps, stair lifts, or other adaptations may be needed for permanent disabilities.
Specialized medical equipment: Items like prosthetics, mobility aids, or breathing machines can be costly.
In-home care: Some victims require assistance with daily tasks, adding to long-term expenses.
Future medical treatments: Follow-up surgeries, pain management, and other ongoing care must be considered.
Future medical expenses must be factored into a personal injury claim. Insurance companies often try to settle based on immediate costs, ignoring the long-term impact of an injury. That’s why I work with medical experts to assess what my clients will need, not just today but for the rest of their lives.
Property Damage Beyond Vehicle Repairs
After a truck accident, most people think of vehicle damage as the main property loss. While repairing or replacing a car is a major concern, there are other hidden costs to consider.
Personal belongings inside the vehicle—such as laptops, phones, and other valuables—are often damaged or destroyed in a crash. If a business owner relies on their vehicle for work, they may face additional losses, including missed opportunities and business delays.
If a truck accident damages roadside property—such as fences, mailboxes, or even a home’s exterior—those costs should also be included in a claim. While these expenses may seem minor compared to medical bills, they contribute to the overall financial burden on the victim.
Punitive Damages in Commercial Truck Accidents
In some cases, punitive damages may be available. Unlike compensatory damages, which cover financial and emotional losses, punitive damages are meant to punish the at-fault party for reckless or intentional behavior.
In Georgia, punitive damages are awarded in cases where the defendant’s actions show willful misconduct or a disregard for safety. If a truck driver was under the influence of drugs or alcohol, or if a trucking company ignored federal safety regulations, punitive damages could be pursued.
These damages serve as a deterrent, discouraging trucking companies and drivers from engaging in dangerous behaviors. While they aren’t awarded in every personal injury case, they can significantly increase the overall compensation a victim receives.
Holding Trucking Companies Accountable
One of the biggest challenges in truck accident claims is identifying all responsible parties. While the truck driver may be at fault, the trucking company, cargo loaders, or even vehicle manufacturers could share liability.
Trucking companies are responsible for hiring qualified drivers and maintaining their fleets. If a company fails to conduct background checks or ignores maintenance issues, they can be held accountable for their negligence.
In some cases, improperly loaded cargo contributes to an accident. Overloaded or unbalanced trucks are more difficult to control, increasing the risk of rollovers or jackknife accidents. If a cargo company fails to follow safety regulations, they could be partially liable for the crash.
Vehicle defects also play a role in some accidents. Faulty brakes, tire blowouts, and steering malfunctions can lead to serious crashes. If a manufacturer produced a defective part, they could be held responsible under Georgia product liability laws.
The Next Steps
At Kyle H. Jarzmik Law, I work to uncover every potential loss my clients have suffered. I’m proud to serve Atlanta, Georgia, and the surrounding areas of Fulton, Cobb, Dekalb, Gwinnett, Forsyth, Douglas, Paulding, and Cherokee County. Call today.