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Seeking Damages After Surviving Injury From a Defective Tire (and Rollover) Accident
There are two distinct types of damages in personal injury law: general damages and special damages.
General damages do not have a tangible value associated with them, which makes them subject to a great deal of interpretation when calculated. They can also differ from case to case. Most examples of general damages can include pain and suffering, mental anguish, physical impairment, emotional suffering, injury to your reputation, and disfigurement.
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To better understand the subjectivity of general damages, imagine that two victims are in a blowout accident caused by defective tires. They were trapped in the vehicle when it exploded and were badly burned. One plaintiff was unconscious during the explosion. And though he suffered horrible burns, unconsciousness allowed him to not have to suffer even worse pain as it happened. But the other was just as badly burned and fully conscious to experience all the terrible agony. It can be effectively argue that even though both of these victims ended up with virtually identical injuries and medical expenses, the conscious plaintiff suffered more pain and suffering and can rightly ask for greater pain and suffering damages.
Another reason general damages can be subjective is because every person experiences, and is affected differently by their injuries. Let’s say a 30-year-old beauty queen has a scar on her face from a defective tire rollover wreck. She is certainly more apparently injured by her disfigurement than a 35-year-old firefighter. In the eyes of the law, if she is represented by a compelling attorney’s arguments; she can anticipate higher compensation. Some people are not as concerned about their physical appearance, while others depend more heavily on it. And sometimes that makes the damage to that attractive person’s reputation a more traumatic event and justifies more significant compensation.
Special damages (also known as economic damages) is any form of damage that has an explicit 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 present and future earning capability.
Imagine that a 35-year-old plaintiff who worked as an electrician or lineman and made $60,000 a year is no longer able to work after losing a leg in a grisly defective tire accident. He can no longer climb electrical poles or do other physical tasks necessary for his job that he has years of experience doing. This lineman stands to lose a significant amount of future income he normally would have earned over his remaining 30+ years of expected employment as a lineman. Texas law recognizes this and allows him to ask for 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.
But again, having an experienced lawyer to make a compelling case for such a damage insurance claim is the lynchpin to a successful personal injury case. Just because that lineman or beauty queen has a right to ask for these significant damages, proving it in court, or convincing a multitude of insurers to fairly settle a defective tire accident injury case is far from guaranteed.
For over 30 years our Law Firm has helped many victims, and their families, of a defective tire, or a blowout or rollover accident. If you or a loved one has suffered from such an accident, it is best for you to call us today to arrange a free consultation with one of our experienced accident injury lawyers. We answer all of your questions and explain the ramifications from the specific details of your case. If we agree to work together, we can help you on the road to recovery by relieving you of the vital task of winning the rightful damage compensation you need and give justice and peace of mind to you and your family.