Truck Accident Compensation
If you're a victim of a collision with a truck you could receive a call from the driver's or company's insurance provider. It is best to not talk to them unless your attorney is present.
You must prove that the truck driver or the company breached their duty of care, and that this breach caused your accident. You may claim damages for:
Medical expenses
Injuries that result from a truck accident usually require extensive medical attention. This could result in high medical bills and prescriptions. Many victims are unable pay for these expenses and remain in debt even after the accident. Fortunately, injured crash victims are able to claim a variety of damages including medical expenses.
https://vimeo.com/707407400 include any out-of-pocket costs related to an injury. These expenses could include X-rays, MRIs and CT scans as also doctor's visits as well as physical therapy sessions. Other out-of-pocket expenses could include the cost of items like crutches and wheelchairs. It is crucial to record all medical expenses and save receipts. An experienced attorney can help you determine the expenses that are eligible for compensation.
Generally speaking, the at fault truck driver or their insurance policy will cover your medical expenses. They will not be able to pay your medical expenses until you have settled your case or a jury has awarded you compensation after a trial. This can take a long time and in the meantime, you'll have to pay for medical expenses out of your own pocket.
Insurance companies are in the business of reducing costs and will use every technique to cut their payouts. They may seem friendly and helpful, but whatever you tell them can be used against you in the future. It is always best to consult with an experienced legal advocate prior to speaking with any representatives from insurance companies.
Your lawyer will assist you with the claims process and assist you fight for your full settlement. In certain situations you may be required to engage a medical professional to establish your injuries and the impact they have had on your life.
Suffering and pain
Being hit by a semi-truck can result in severe injuries. These injuries can be life-changing and can cause pain and suffering for a long period of time.
Because truck accidents are devastating, they can be more emotionally devastating than crashes which involve smaller vehicles. The victim and family may also suffer greater consequences including loss of income. If you've sustained serious injuries in a truck accident you may seek compensation for your emotional and physical pain and suffering.
The amount you're entitled to receive for this portion of your claim could vary. This is because it may be difficult to determine the exact amount of the extent of your suffering and pain. There are guidelines that judges or jury could use to determine the value of your injury. These include medical records, proof of mental health treatment, diaries, or other records of your daily activities and statements from family or friends about how your injury has affected them.
Injuries such as a damaged spine or damage to the spinal cord can cause life-altering pain and loss of mobility. These kinds of injuries are typically life-threatening and require surgical repair and ongoing treatment. They can also trigger physical and psychological symptoms, including anxiety, depression or fear as well as shock, anger and insomnia. They can also trigger post-traumatic disorders (PTSD).
If the responsible party caused the accident, then they are liable for any damages you suffered. This is the case even if the party at fault was not driving at the time that the accident took place. For instance that the person was drunk or had a violation of traffic or trucking laws. They may also be held responsible for punitive damages.
Loss of wages
If your injuries stop you from working for an extended period, you may be able to claim back the lost wages. This compensation is based on the amount you would have earned if you had not missed work due to accident-related injuries. It doesn't really matter that you took sick leave or vacation. However, you will need to prove your earnings and losses to the insurance adjuster. This proof can be obtained by submitting a written document from your doctor that outlines your medical condition and the amount of work you must miss, as well as the previous pay stubs, W-2s, and tax returns.
You can also seek damages if you suffer loss of enjoyment or quality of life. This type of compensation is for injuries that stop you from participating in your favourite pastimes and activities, like traveling or doing hobbies. You may also recover the loss of future income if your injuries permanently hindered you from resuming the same job in the near future.
Non-economic damage can be as serious as the financial loss and loss of wages. Examples include discomfort and pain in the form of scarring or disfigurement, and loss of enjoyment in daily life. These are serious injuries for those who have suffered serious injuries from a truck accident, especially if the injuries are internal organ-related. In extreme instances punitive damages could be available. These are designed to penalize the person at fault and discourage them from committing similar reckless actions in the future. These are not typical damages, but can be awarded when the truck driver was particularly reckless or negligent.
Punitive damages
You may be entitled to compensation for the loss of wages if injuries prevent you working in the same capacity. Many victims of truck accidents are worried about this because they might not be able to meet their daily expenses without the income that they earned from their jobs. Additionally, medical bills can add quickly. To ensure you receive the maximum compensation for your losses, you'll need an experienced truck accident attorney.
You could be entitled to punitive damage in addition to compensatory damages. This isn't an easy claim. The law regarding punitive damages is very strict. To receive this type of monetary award, the plaintiff must demonstrate that the trucking company or its driver was guilty of fraud or willful misconduct.
Generally, juries make punitive damages as an attempt to punish wrongdoers and send a message that this kind of behavior is not acceptable. If a jury finds that truck drivers were driving their vehicle under the impaired by drugs or speeding and the jury awards hefty punitive damages, they hope that it will discourage others from engaging in the same unacceptable conduct in the future.
It is vital to note that you must prove that the negligence was not one incident, but rather an ongoing pattern of conduct or indifference. Many truck accident lawyers are reluctant to file a punitive damages claim based on boilerplate accusations of reckless conduct. In a recent instance for instance, the court struck down a punitive damages claim brought by Garkusha who was driving a Quality Logistics truck at the time of the accident with Plaintiff. The Plaintiff had not provided any evidence that Garkusha's conduct prior to and during the incident revealed the pattern of reckless disregard towards the repercussions.
Damages for property damage
Due to their huge size and weight semi-trucks and commercial trucks, and other large-sized vehicles can cause more severe damage when they collide with smaller vehicles. As a result, victims of semi-truck crashes may be more severely injured and incur greater medical costs than other victims of accidents.
Keep meticulous records of all expenses and losses associated with your accident. This will maximize the value of any claim. For example, if you have been injured in a collision with a truck and require multiple procedures, surgeries including physical therapy and prescription medications, document each expense. Also, if your injuries have caused you to miss work, note lost wages and loss of future earnings potential.
The documentation of all property damage is equally important. Record the current value of your car and any other personal belongings that were damaged or destroyed caused by the accident. This includes furniture, electronics clothing, and other valuable items. It is also important to keep track of any expenses you pay for renting a car or going to appointments with a doctor.
Insurance companies contact victims of accidents soon after a crash and offer settlements prior to when the victim can talk to an attorney. Although these offers can be tempting, they generally do not fully compensate victims for all the expenses incurred by accidents. A skilled attorney can help you avoid accepting a low settlement offer and ensure that the responsible party pays the full value of your claim.
Your lawyer will collect and review all documents prior to making them available to the insurance company of the responsible party as part your claim. They will also negotiate with the insurance company to ensure that you receive damages that are proportionate to the value of your losses.