Truck Accident Compensation
You may be called by the insurance firm of the driver, or by the company if you're the victim of a collision with a truck. It is advised to not talk to the insurance company unless your attorney is present.
To obtain compensation You must prove that the truck driver and/or company acted in breach of their duty of care and the breach led to your accident. You can claim damages for:
Medical expenses
The injuries sustained in a car crash often require extensive medical treatment. This can lead to expensive medical bills and prescriptions. Many victims struggle to pay the costs and are left in debt long after the incident occurs. Fortunately, injured crash victims can claim various damages, including medical expenses.
Medical expenses are all out-of the pocket expenses incurred as a result of an injury. These costs can include X rays, MRIs and CT scans as also doctor's visits as well as physical therapy sessions. The out-of-pocket costs can also include the cost of things like crutches and wheelchairs. It is important to keep the track of all medical expenses. An experienced attorney can help you determine the expenses that are eligible for compensation.
Generally, the at-fault driver or their insurance policy will cover your medical expenses. However, they will only pay when your case settles or a jury will award you compensation following the trial. This could take several years and you will be responsible to pay your medical bills out of pocket.
Insurance companies exist to cut costs and will employ every trick that they can find to reduce their payouts. Their representatives may appear welcoming and helpful, but any statement you make to them may be used against you in the future. It is recommended to consult with an experienced legal advocate before speaking with any representatives from insurance companies.
Your lawyer can help you navigate the claims process and fight for your rightful compensation. In certain situations you may need to employ a medical expert to show your injuries and to determine the impact they have had on your life.
Pain and suffering
A semi-truck accident could cause serious injuries. These injuries can have a life-altering effect and cause pain and suffering for a long period of time.
Because truck accidents are so devastating, they can be more emotional and stressful than crashes which involve smaller vehicles. They can also have greater consequences for the victim as well as their family, including lost income. If you've suffered severe injuries in a truck accident you may be able to seek damages for your physical and emotional suffering and pain.
The amount of money that you could be entitled to for this portion of your claim may vary. This is because it's often not possible to accurately assess the degree of your suffering and pain. However, there are guidelines that will help a judge or jury decide what your injury is worth. These include medical records, proof of mental health treatment, diaries or other documentation of your daily activities as well as statements from family members or friends on how the injury has affected them.
Injuries like a fractured spine or spinal cord damage can result in life-threatening pain and loss of mobility. These injuries are often life-threatening and require continuous treatment and surgical repair. They can also trigger other psychological and physical symptoms such as anxiety, depression, fear, shock, anger, insomnia or post-traumatic stress disorder (PTSD).
If the negligence of the party at fault led to the accident, they have to be accountable for the injuries you have incurred. This applies even if they were not driving at the time of the collision, such as if they were intoxicated or they violated trucking laws or traffic laws. They may also be held liable for punitive damage.
Loss of wages
If your injuries stop you from working for a prolonged duration, you may be entitled to recover lost wages. This compensation is based on the amount you would have earned if you hadn't been unable to work because of injuries from accidents. It doesn't matter if you took sick leave or vacation. You must provide proof to the insurance adjuster of your losses and income. This is done by obtaining a signed document from your doctor that details your medical condition as well as the amount of time you'll be absent from work, and previous pay stubs.
You may also be able to claim damages if you suffer a loss of enjoyment or quality of life. This compensation is for injuries that prevent you from enjoying your favorite activities or hobbies like traveling. You may also recover lost future income if your injuries have prevented you from resuming the same type of employment in the future.
Non-economic damages can be as severe as financial losses and lost wages. Examples include pain and discomfort in the form of scarring or disfigurement, and loss of enjoyment in daily life. These kinds of damages can be significant for those who have suffered serious injuries as a result of a crash involving a truck particularly when the injuries involve internal organs. In extreme situations there may be punitive damages available. These are intended to punish the person at fault and discourage them from engaging in similar reckless behavior in the future. These types of damages are not common but may be awarded when the truck driver has been particularly reckless or negligent.
Punitive damages
If your injuries keep you from working in the same capacity, you may be eligible for compensation for your lost wages. california truck accident attorney are concerned about this as they may be unable to cover their expenses without the income that they earned from their work. Your medical expenses can increase quickly. To ensure you get the most compensation for your losses, you need an experienced lawyer for truck accidents.
If the negligence of the truck driver or trucking company caused your injuries, you may be entitled to punitive damages in addition to the compensatory damages mentioned in the previous paragraphs. This is not a simple claim. The law on punitive damages is very strict. In order to be awarded this type of monetary award, a plaintiff must establish that the trucking company or its driver was guilty of fraud, malice, or willful conduct.
Generally juries give punitive damages in the hope of punishing wrongdoers and send a message that this kind of behavior will not be tolerated. If a jury determines that truck drivers were driving their vehicle under the under the influence of drugs or speeding, and the jury decides to award hefty punitive damages, they hope that they will deter others from engaging in the same outrageous conduct in the future.
You must prove that the negligence was not an isolated incident, but rather a pattern of conduct or reckless indifference. Because of this, a lot of truck accident lawyers are not comfortable bringing a punitive damage claim solely based on boilerplate accusations of reckless behavior. In a recent case, for instance, the court struck down a punitive damages lawsuit brought by Garkusha who was driving a Quality Logistics truck at the time of the collision with Plaintiff. The Plaintiff had failed to present any evidence that Garkusha's actions before and during the incident displayed a pattern of reckless indifference to the consequences.
Damages to property caused by property
Due to their size and weight, semi-trucks, commercial trucks, and other large vehicles could cause more severe damage when they collide with smaller vehicles. Consequently, victims may suffer more extensive injuries and higher medical expenses than those who suffer from other vehicle accidents.
Keep meticulous logs of all expenses and losses related to your accident. This will enhance the value of any claim. Document each expense, for example, when your injuries were brought on by a truck crash, and you require multiple surgeries and outpatient treatments physical therapy, and prescription medications. Note your lost wages and also the potential for future earnings when you've missed work because of your injuries.
Documenting all property damage is also very important. If your car is a total loss or requires significant repairs, note the current value of the vehicle with any other personal belongings that were damaged or destroyed during the accident. This includes clothing, electronics furniture, furniture, as well as other valuables. Additionally, if you have had to rent a vehicle or travel for doctor's appointments keep track of the cost and note any other expenses associated with these trips.
Insurance companies call accident victims soon after a crash and offer settlements before the victim can talk to an attorney. These offers are tempting, but they do not compensate victims for their entire cost of the accident. A skilled lawyer can help you reject a low settlement offer and ensure that the liable party pays the full value of your claim.
Your attorney will collect and review all documentation needed before providing it to the responsible insurance company of the parties as part of your claim. They will also negotiate with the insurance company to ensure that you receive damages that reflect the actual value of your losses.