Truck Accident Compensation
You could be contacted by the insurance company of the driver or the company in the event that you have been the victim of a collision with a truck. It is advisable not to speak with these individuals without your attorney present.
To receive compensation you must prove that the truck driver or company breached their duty of care and this breach caused the accident. The kinds of damages that you can seek include:
Medical expenses
Injuries that result from a truck accident usually require extensive medical care. This can lead to expensive hospital bills as well as prescription costs. Many victims aren't able to pay these expenses and remain in debt even after the accident. https://vimeo.com/707177762 who are injured can claim various damages, including medical expenses.
Medical expenses include all out-of cost expenses incurred by an injury. They could include Xrays, MRIs and CT scans, as well as visits to the doctor and physical therapy sessions. The cost of wheel chairs and crutches can be included in out-of-pocket costs. It is important to keep in mind all medical expenses. An experienced attorney can help you determine which expenses may be admissible for compensation, and can help you make a claim for these expenses.
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've settled your case or a jury has awarded you compensation following an appeal. This could take a long time, and, in the meantime you will have to pay for your medical expenses out of pocket.
Insurance companies exist to save money, and will employ any trick in the book in order to lower their payouts. They may appear friendly and helpful, but whatever you say to them could be used against you later. It is recommended to seek out a knowledgeable legal advocate prior to speaking with any representative of an insurance company.
Your lawyer can assist you navigate the claims process and fight for your right to full settlement. In certain situations you may have to engage a medical professional to show your injuries and to determine the impact they've had on your life.
Pain and suffering
A semi-truck crash can result in serious injuries. These injuries are often life-altering and can cause lasting pain and suffering.
Truck accidents can be emotionally painful because they can be so devastating. They can also result in greater consequences for the victim as well as their family members, including loss of income. If you've suffered serious injuries in a truck accident you may seek compensation for your emotional and physical suffering and pain.
The amount you're entitled to receive for this part of your claim may vary. This is because it may be difficult to determine the exact amount of your pain and suffering. However, there are some guidelines that will help a judge or jury decide how much your injury is worth. These include medical documents of your injuries, evidence of a mental health professional's treatment, diaries or other forms of documentation regarding your daily routine, and the statements of family members or friends about how your injury has affected them.
Broken spine or damage to the spinal cord can cause life-threatening pain as well as loss of mobility. These types of injuries are usually life-threatening and require surgical repair as well as ongoing treatment. They can also cause physical and psychological symptoms, such as depression, anxiety or fear, anger, shock, insomnia or post-traumatic disorder (PTSD).
If the at-fault party's negligence caused the accident, they should be held accountable for the damage you've incurred. This is the case even if the person at fault was not driving when the accident occurred. For instance in the event that the driver was intoxicated or had a violation of traffic or trucking laws. They can also be liable for damages for punitive damage.
Lost wages
You may be entitled to compensation for your loss of wages if your injuries keep you from working for an extended period of time. This compensation is calculated based on the amount of money you would have received had not been unable to work due to injuries resulting from an accident. It doesn't really matter whether you took sick leave or a vacation. However, you will need to provide proof of your losses and earnings to the insurance adjuster. This evidence can be obtained through a written statement from your physician, which details your medical condition and how much work you are required to skip, as well as prior pay stubs and W-2s and tax returns.
You can also seek damages if you experience a loss of enjoyment or quality of life. This type of compensation is for injuries that hinder you from engaging in your most loved pastimes and activities, such as travel or performing hobbies. You can also get compensation for future income loss in the event that your injuries prevent you from returning to the same kind of job in the future.
While non-economic damage is less tangible than lost wages and other financial losses, they can be significant. Examples include pain and discomfort, scarring or disfigurement and loss of enjoyment in daily life. These types of damages can be significant for those who have suffered serious injuries from a truck crash particularly if the injuries affect internal organs. In extreme cases you could be able to claim punitive damages. These are intended to punish the party at fault and prevent them from committing the same reckless behavior in the future. These are not typical damages but they are given when a truck driver was particularly reckless or negligent.
Punitive damages
You could be entitled to compensation for your loss of earnings if your injuries stop you from working in the same capacity. Many truck accident victims are worried about this, as they may be unable to pay their daily expenses without the income they earned from their jobs. The medical bills you incur can increase quickly. You require a skilled truck accident lawyer to ensure you receive the maximum amount of compensation possible for your losses.
You could be entitled to punitive damage in addition to compensatory damages. However, this is not an easy claim to be successful. The law on punitive damages is extremely strict. A plaintiff must establish that the trucking company's or driver's fraud, malice, or willful misconduct to receive this type of monetary award.
Generally juries decide to award punitive damages in the hope of punishing wrongdoers and send a message that this kind of behavior will not be tolerated. For instance, if a jury finds that the truck driver was operating their rig while under the influence of a drug or speeding, the hope is that the large punitive damage award will discourage others from engaging in this egregious conduct in the future.
You must prove that the negligence was not a one-off incident, but rather a pattern of conduct and/or reckless indifference. Many truck accident lawyers are reluctant to bring a punitive damage claim based on the standard allegations of reckless behavior. In a recent case, for instance, the court ruled against the punitive damages claim made by Garkusha who was driving a Quality Logistics truck at the time of the crash with Plaintiff. The Plaintiff did not provide any evidence to show that Garkusha's behavior prior to and during the incident exhibited an unpredictability towards the consequences.
Damages to Property Damage
Semi-trucks, trucks and other large vehicles, due to their size and weight, can cause more serious damage when they collide with smaller vehicles. In turn, the victims might suffer more severe injuries and more expensive medical bills than those who suffer from other collisions with vehicles.
Keep meticulous records of all expenses and losses related to your accident. This will increase the value of any claim. Keep track of each expense, for instance, when your injuries were caused by a car accident and you require multiple surgeries and outpatient treatments, physical therapy and prescription medications. Document your lost wages, and also any future earnings potential, even if you've been off work because of your injuries.
Recording all property damage is equally important. If your car is damaged beyond repair or requires significant repairs, document the current value of the vehicle with any other personal items that were damaged or destroyed during the accident. This includes clothing, electronics furniture, furniture, and other valuable items. You should also keep track of any expenses related to renting a vehicle or traveling to doctor's appointments.
Insurance companies usually contact victims of accidents shortly after an accident to offer settlements before the victim is given the chance to consult with an attorney. Although these offers can be attractive, they often don't compensate victims for all of their expenses related to accidents. An experienced attorney can assist you in avoiding a small settlement and in ensuring that the liable party pays for the full amount of your case.
Your lawyer will collect and review all documentation prior to submitting them to the insurance company of the liable party as part of your claim. They will also negotiate with the insurance company to ensure that you receive damages that reflect the true value of your losses.