Types of Damages in a Oklahoma DUI Truck Crash Claim
When someone else’s reckless behavior causes harm, Oklahoma law allows victims to pursue compensation through a personal injury claim. These damages are generally categorized as compensatory damages (designed to reimburse you for losses) and punitive damages (intended to punish the guilty party). Here’s a closer look at what this means in practical terms.
1. Medical Expenses
A truck crash often leads to severe injuries that require immediate and ongoing medical attention. The costs of these treatments can add up quickly. Fortunately, victims can seek compensation for a variety of medical expenses, including:
- Emergency care and ambulance services
- Hospital stays and surgeries
- Rehabilitation and physical therapy
- Medications and medical equipment (e.g., crutches, wheelchairs)
- Future medical treatments for long-term injuries
For example, if you sustained a spinal injury that requires years of rehabilitation, this future care should be factored into your claim.
2. Lost Wages and Reduced Earning Capacity
After a crash, you may need time off work to recover, which can result in lost income. If your injuries prevent you from returning to your previous job or impair your ability to earn at the same level, you can also claim damages for the loss of future earning capacity. This category accounts for both short-term and long-term impact on your ability to provide for yourself and your family.
For instance, if a hand injury prevents you from performing tasks essential to your line of work, such as construction, the settlement or verdict may include compensation for your professional limitations.
3. Property Damage
Collisions with large trucks often cause significant damage to vehicles and personal belongings. Victims can seek compensation to repair or replace their property. This typically includes:
- Repair costs for your vehicle
- Replacement of a totaled vehicle
- Value of personal items damaged in the crash, such as phones or laptops
Documenting this type of damage, with photos and repair estimates, strengthens your claim.
4. Pain and Suffering
Not all damage from a crash is purely financial. Oklahoma law also allows victims to receive compensation for non-economic damages, like pain and suffering. These are more difficult to quantify since they focus on your emotional and physical hardship, rather than direct out-of-pocket costs. This can include:
- Chronic pain resulting from injuries
- Emotional distress, such as anxiety, depression, or PTSD
- Loss of enjoyment in life, such as being unable to participate in hobbies or activities you once loved
For example, if your injuries make it impossible to play basketball with your friends—a lifelong passion—this loss could factor into your pain and suffering damages.
5. Punitive Damages
Punitive damages are awarded less frequently but are highly relevant in DUI cases. Unlike compensatory damages, which aim to “make you whole,” punitive damages are designed to punish the at-fault party for their reckless or malicious behavior and discourage similar conduct in the future.
Since driving under the influence is inherently reckless and illegal, courts may award punitive damages in cases where the at-fault truck driver’s actions are considered particularly egregious. While these damages are not guaranteed, they can significantly increase the overall value of your claim.
If a DUI truck crash tragically results in the loss of a loved one, surviving family members can file a wrongful death claim. This can help provide compensation for:
- Funeral and burial expenses
- Loss of companionship
- Loss of financial support the deceased would have provided
- Emotional suffering
While no amount of money can truly compensate for losing a loved one, these damages can help ease the financial burden during an incredibly difficult time.