Truck Accident Compensation
If you're a victim of a truck collision You may get a call from the driver's or company's insurance provider. It is best to not speak with these individuals unless you have an attorney present.
You must prove that truck drivers or companies breached their duty to care, and that this negligence caused your accident. You can claim damages for:
Medical expenses
Injuries resulting from a truck accident often require extensive medical care. This could result in high hospital bills as well as prescription costs. Many victims aren't able to pay for these costs and are in debt after the accident. Fortunately, those who have suffered injuries are able to claim a variety of damages, including medical expenses.
Medical expenses include all out-of budget expenses that result from an injury. These expenses can include X rays, MRIs and CT scans, as in addition to doctor's appointments and physical therapy sessions. The cost of wheelchairs and crutches can also be included in out-of-pocket expenses. It is crucial to keep track of all medical expenses and save receipts. An experienced attorney can identify which expenses may be eligible for compensation and help you submit a claim to cover these losses.
In general, the driver of the truck at fault or their insurance should pay for your medical expenses. They won't pay for your medical expenses until you have resolved your case or a jury has awarded you compensation after a trial. It could take many years and you will be responsible for the cost of medical bills out of your pocket.
Insurance companies exist to cut costs and will use any trick in the book in order to reduce their payouts. Their representatives can sound friendly and helpful, however any statements you make to them can be used against you in the future. Always consult with an experienced legal counsel before speaking with any insurance company representatives.
Your lawyer can help you through the claims process and assist you fight for full settlement. In some cases you may be required to employ a medical expert to show your injuries and to determine the impact they have had on your life.
Pain and suffering
Getting hit by a semi-truck could cause serious injuries. These injuries can be life-altering and can cause lasting pain and suffering.
Because truck accidents are so devastating, they are more emotional and stressful than crashes that involve smaller vehicles. They also can have more consequences for the victim and their family members, including loss of income. If you've suffered from serious injuries as a result of a collision with a truck, you can seek damages for your physical and emotional pain and suffering.
The amount you're entitled to receive as a part of your claim may vary. This is because it can be difficult to accurately quantify the amount of pain and suffering you endured. There are guidelines that a judge or jury could follow to determine the value of your injury. These include medical documents of your injuries, evidence of an appointment with a mental health professional diaries or other kinds of documentation about your daily activities, and statements from family members or friends of how your injuries have affected them.
Injury such as a spinal cord injury or a broken back can cause extreme mobility and pain. These kinds of injuries can be life-threatening and require surgical repair as well as ongoing treatment. They can also cause physical and psychological symptoms, including anxiety, depression, fear as well as shock, anger and insomnia, as well as post-traumatic disorder (PTSD).
If the person who was negligently responsible for the accident caused the accident, they are responsible for any damage you suffered. This is the case even if at-fault party was not driving when the accident occurred. For instance in the event that the driver was intoxicated or violated traffic or trucking laws. They can also be liable for punitive damages.
Lost wages
If your injuries stop you from working for an extended time, you could be entitled to compensation for the lost wages. The amount of compensation is by the amount you would have received if you had not been absent from work due to injuries resulting from an accident. It doesn't really matter whether you took sick leave or a vacation. However, you'll have to provide proof of your earnings and losses to the insurance adjuster. This proof can be obtained by submitting a written document from your doctor, which outlines your medical condition and the amount of work you are required to be unable to perform, as well as prior pay stubs and W-2s and tax returns.
You can also claim damages if you suffer loss of enjoyment or quality of life. This is a type of compensation for injuries that hinder you from engaging in your most loved pastimes and activities, like traveling or engaging in hobbies. You may also be able to get compensation for future income loss in the event that your injuries prevent you from returning to a similar type of job in the future.
Although non-economic damages aren't as tangible than lost wages and other financial losses, they can still be significant. Examples include suffering and pain in the form of scarring or disfigurement and a loss of enjoyment life. These types of damages could be significant for those who suffered serious injuries from a truck crash particularly when the injuries involve internal organs. In extreme situations there may be punitive damages available. These are designed to penalize the at-fault party and deter them from committing similar reckless conduct in the future. These damages are rare but they may be awarded in the event that the truck driver was notably reckless or negligent.
Punitive damages
If your injuries keep you from working in the same capacity, you may be able to claim compensation for lost wages. Many truck accident victims are worried about this, as they may be unable to pay their daily expenses without the income that they received from their jobs. Medical bills can add up quickly. To ensure that you receive the maximum compensation for your losses, you'll need an experienced attorney who has handled truck accidents.
You may be entitled punitive damages in addition to compensatory damages. However, this isn't an easy claim to win. The law on punitive damages is extremely strict. A plaintiff must show that the trucking company's or driver's fraud, malice or willful misconduct in order to obtain the amount of money awarded.
Generally juries give punitive damages in an attempt to punish wrongdoers and convey a message to others that such conduct will not be tolerated. For example in the event that a jury decides that the driver of the truck was operating their vehicle under the influence of alcohol or drugs or speeding up, the hope is that the huge punitive damage award will discourage others from engaging in this type of shady conduct in the future.
You have to prove that the conduct was not a single incident, but a pattern of conduct or reckless indifference. For this reason, many truck accident lawyers aren't comfortable bringing a punitive damages claim solely on boilerplate allegations of reckless conduct. In a recent case for example, the court dismissed a punitive damages lawsuit brought by Garkusha who was driving a Quality Logistics truck at the time of the crash with Plaintiff. The Plaintiff had not provided any evidence to show that Garkusha's behavior prior to and during the incident exhibited an attitude of indifference towards the consequences.
Damages for property damage
Due to their size and weight semi-trucks, commercial trucks, and other large vehicles can cause more serious damage when they collide with smaller vehicles. As a result, victims could suffer more extensive injuries and higher medical expenses than victims of other collisions with vehicles.
Keep meticulous notes of all expenses and losses related to your accident. This will help maximize the value of any claim. Note each expense, such as in the event that your injuries were triggered by a car accident and you require multiple surgeries as well as outpatient treatment such as physical therapy or prescription medication. Keep track of your lost wages and any future earnings potential even if you've been off work because of your injuries.
It is also important to document all property damage. If your vehicle is destroyed completely or requires major repairs, note the current value of the vehicle along with any other personal items that were damaged or destroyed in 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 for travel to doctor's appointments.
Insurance companies reach out to victims immediately following a crash and offer settlements, prior to the victim is able to speak with an attorney. While these settlements may appear tempting, they usually do not fully compensate victims for all their accident-related expenses. A skilled lawyer can help you reject an offer of a low settlement and ensure that the liable party pays the full value of your claim.
carson truck accident attorney will gather and review all necessary documentation before submitting it to the liable parties' insurance company 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.