Truck Accident Compensation
You could be contact by the insurance company of the driver, or by the company if you're the victim of a crash involving a truck. It is best not to speak with these individuals without your attorney present.
You must prove that the truck driver or company breached their duty of care, and that the negligence caused your accident. The kinds of damages that you can seek include:
Medical expenses
The injuries suffered in a collision with a truck often require extensive medical treatment. This can result in high hospital bills and prescription drug expenses. Many victims are unable pay these expenses, and they remain in debt after the accident. Accident victims who are injured can claim various damages, including their medical expenses.
Medical expenses can include out-of-pocket costs related to an injury. These expenses may include X rays, MRIs and CT scans as also doctor's visits as well as physical therapy sessions. The cost of wheelchairs and crutches could also be included in out-of-pocket expenses. It is important to keep an eye on all medical expenses. An experienced attorney can assist you determine what expenses are eligible for compensation.
Generally speaking, the at fault truck driver or their insurance company should pay for medical expenses. However, they will only do so when your case is settled or a jury awards you compensation after a trial. This can take many years and you will be responsible to pay your medical bills out of pocket.
Insurance companies are in business to cut costs and will employ every trick in the book to reduce their payouts. Their representatives may appear nice and helpful, but any comments you make to them can be used against you later. Always consult an experienced lawyer before speaking with any representatives from insurance companies.
Your lawyer can help you navigate the claims process and fight for your right to full settlement. In certain situations, it may be necessary to consult a medical expert or other professional to demonstrate the extent of your injuries and how they've affected your life.
Pain and suffering
Being struck by a semi-truck could cause serious injuries. These injuries are often life-altering and cause long-term suffering and pain.
Because truck accidents are so devastating, they can be more emotionally traumatic than crashes which involve smaller vehicles. The victim and family may also suffer greater consequences for loss of income. If you've suffered serious injuries in a truck accident, you can seek damages for your emotional and physical pain and suffering.
The amount you're entitled to receive as a part of your claim may vary. This is due to the fact that it can be difficult to accurately assess your pain and suffering. However, there are guidelines that will help a judge or jury decide how much your injury is worth. These include medical records, proof of mental health treatment, diaries or other documentation of your daily activities as well as declarations from family and friends about how your injury has affected them.
Injuries such as a damaged spine or damage to the spinal cord can cause life-threatening pain as well as loss of mobility. These injuries are typically life-threatening and require continuous treatment and surgical repair. They can also trigger physical and psychological symptoms like anxiety, depression, or fear, anger, shock insomnia, or post-traumatic disorder (PTSD).
If the responsible party caused the accident, they are accountable for any damages you have suffered. This is true even if they weren't driving at the time of the accident for instance, if they were drunk or violated traffic or trucking laws. They may also be held liable for punitive damages.
Loss of wages
If injuries prevent you from working for a long period of time, you may be entitled to recover lost wages. This compensation is calculated in accordance with the amount you could have earned had you not missed work due to injuries resulting from an accident. It doesn't matter whether you took sick leave or vacation. troy truck accident lawyer 'll need to provide proof to the insurance adjuster of your income and loss. This is done by obtaining a document written from your doctor detailing your medical condition as well as the amount of time you will miss at work, and any previous pay receipts.
You can also seek damages if you suffer loss of enjoyment or quality of life. This category of compensation is for injuries that prevent you from engaging in your favorite pastimes and activities, such as travelling or engaging in hobbies. You may also be able to get compensation for future income loss as a result of your injuries, if they prevent you from returning to a similar type of job in the future.
Non-economic damage can be as serious as the financial loss and loss of wages. Examples include discomfort and pain, scarring or disfigurement and loss of enjoyment in daily life. These kinds of damages can be significant for victims who have suffered serious injuries as a result of a crash involving a truck particularly if the injuries affect internal organs. In extreme situations there may be punitive damages available. These damages are intended to punish the party responsible and discourage them from repeating the same rash behavior. These damages are rare, but they can be awarded in the event that the truck driver was particularly negligent or reckless.
Punitive damages
You could be entitled to compensation for lost wages if your injuries prevent you working in the same capacity. Many truck accident victims are concerned about this, as they may be unable to pay their daily expenses without the money they earned from their work. The medical bills you incur can grow quickly. To ensure that you get the most compensation for your losses, you require an experienced attorney who has handled truck accidents.
If the negligence of the truck driver or trucking company resulted in the injuries you suffered, you could be entitled to punitive damages in addition to the compensatory damages mentioned in the previous paragraphs. However, this is not an easy claim to win. The law on punitive damage is very strict. To receive this type of financial award, a plaintiff must establish that the trucking company or its driver committed fraud, malice, or willful misconduct.
In general juries award punitive damages in an effort to punish criminals. They also seek to send a clear message that such conduct is not tolerated. If a juror determines that the truck driver was driving their rig under the impaired by drugs or speeding and the jury awards significant punitive damages, they hope this will deter others from engaging in this outrageous conduct in the future.
You have to prove that the conduct was not a singular incident, but a pattern of conduct and/or reckless indifference. Because of this, a lot of truck accident lawyers aren't comfortable bringing a punitive damages claim based on boilerplate allegations of reckless behavior. In a recent case for example, the court dismissed the punitive damages claim against Garkusha who was driving a truck owned by Quality Logistics at the time of his collision with Plaintiff as the Plaintiff did not provide any evidence that Garkusha's conduct prior to and during the accident showed a pattern or a lack of attention to the consequences.
Damages to Property Damage
Due to their size and weight semi-trucks, commercial vehicles, and other large vehicles can cause more severe damage when they crash into smaller vehicles. In the end, victims of semi-truck crashes may be more severely injured and incur greater medical costs as compared to other motorist accidents.
Keep meticulous records of all expenses and losses resulting from your accident. This will enhance the value of any claim. For instance, if were injured in a collision with a truck and require multiple procedures, surgeries or physical therapy, as well as prescription medications, document every expense. Also, if your injuries have caused you to miss work, write down your lost wages and future earnings potential.
The documentation of all property damage is also very important. Record the current value of your vehicle, as well as any other personal belongings that were damaged or destroyed caused by the accident. This includes items like electronics, clothing furniture, furniture, and other valuable items. It is also important to keep track of any costs you pay for renting a car or traveling to doctor's appointments.
Insurance companies usually contact victims of accidents right after the accident to offer settlements before the victim has a chance to speak with a lawyer. These offers are tempting, however, they don't compensate victims for their full expense resulting from the accident. An experienced attorney will help you avoid accepting an offer of a low settlement and ensure that the responsible party pays the full amount of your claim.
Your attorney will gather and review all documents prior to making them available to the insurance company of the liable party as part your claim. They will also directly negotiate with the insurance company in order to get damages that are reasonable and reflect the real value.