Truck Accident Compensation
If you're a victim of a collision with a truck You could get a call from the insurance provider of the driver or company's provider. It is advised not to speak with these individuals without your attorney present.
In order to receive compensation, you must prove that the truck driver and/or company breached their duty of care and this breach caused the accident. You may seek damages for:
Medical expenses
Injuries that result from a truck accident usually require extensive medical attention. This can result in high hospital bills and prescription drug expenses. Many victims are unable to pay for these costs and are in debt after the accident. Accident victims injured in crashes can recover several damages, including their medical expenses.
Medical expenses cover all out of budget expenses that result from an injury. They could include Xrays, MRIs and CT scans along with appointments with a doctor or physical therapy sessions. Out-of-pocket expenses can also include the cost of items like wheelchairs and crutches. It is crucial to keep an eye on all medical expenses. An experienced attorney can help you determine which expenses are suitable for compensation and assist you to file a claim for these expenses.
Generally speaking, the at fault truck driver or their insurance policy must pay your medical expenses. They will not pay your medical expenses until you have settled your case or a jury has awarded you compensation after the trial. This could take a long time and you'll be responsible for paying your medical bills out of pocket.
Insurance companies are in business to make money and employ any method in the book to lower their payouts. Their representatives can sound friendly and helpful, but any statements you make to them could be used against you in the future. It is best to seek out a knowledgeable legal counsel before speaking with any insurance company representatives.
A lawyer can help you navigate the claims process and fight for your right to complete compensation. In certain situations you may need to hire a medical expert 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 could be life-changing, and cause discomfort and suffering for a long time.
Because truck accidents are so destructive, they can be more emotionally traumatic than crashes that involve smaller vehicles. The victim's family could also be impacted more severely for loss of income. If you've suffered serious injuries as a result of the accident of a truck, you may be able to pursue damages to cover your physical pain and suffering.
The amount you're entitled to receive for this part of your claim might vary. This is because it's often not possible to accurately assess the severity of your suffering and pain. However, there are some guidelines that can assist a judge or jury decide what your injury is worth. These include medical records, proof of mental health treatment, diaries or other records of your daily activities and declarations from family and friends on how the accident has affected them.
Injuries such as a spine cord injury or a broken back can cause severe discomfort and loss of mobility. These injuries are usually life-threatening, and require continual treatment and surgical repair. They can also trigger physical and psychological symptoms, like anxiety, depression, fear and shock, anger insomnia, or post-traumatic disorder (PTSD).
If the negligent party caused the accident, then they are responsible for any damage you suffered. This is true even if the person at fault was not driving at the time the accident took place. For instance, if the person was drunk or violated traffic or trucking laws. They may also be held liable for punitive damages.
Loss of wages
You could be entitled to compensation for lost wages if your injuries keep you working for a long period of time. This compensation is based on the amount you could have earned if you had not missed work due to accident-related injuries. It doesn't matter whether you took sick leave or a vacation. However, you'll have to provide proof of your losses and earnings to the adjuster of your insurance. This proof can be obtained by submitting a written document from your doctor, which outlines your medical condition and the amount of work you should be unable to perform, as well as prior pay stubs and W-2s, and tax returns.
You may also seek damages if you experience a loss of enjoyment or quality of life. This is compensation for injuries that hinder you from participating in your preferred hobbies or activities such as traveling. It is also possible to claim compensation for lost income in the future as a result of your injuries, if they prevent you from returning to the same kind of job in the future.
Non-economic damages can be as severe as financial losses and lost wages. Examples include discomfort and pain, scarring or disfigurement and loss of enjoyment in life. These types of damages could be significant for victims who suffered serious injuries from a truck crash and, in particular, when the injuries are to internal organs. In extreme circumstances you may be able to claim punitive damages. These are intended to punish the person at fault and discourage them from repeating the same reckless actions in the future. These damages are not common but they are granted when the truck driver is particularly negligent or reckless.
Punitive damages
If your injuries keep you from working in the same capacity, you could be able to claim compensation for the loss of wages. This is a major concern for a lot of victims of truck accidents, as they may not be able pay their everyday expenses without income they earn from their jobs. Additionally, your medical bills can pile quickly. You need an experienced truck accident lawyer to ensure you receive the most compensation that you are entitled to for your losses.
You could be entitled to punitive damage in addition to compensatory damages. This is not an easy claim to make. The law regarding punitive damages is very strict. In order to be awarded this type of financial award, a plaintiff must prove that the trucking company or its driver was guilty of fraud, malice, or willful misconduct.
In general, juries award punitive damage in order to punish the perpetrators of wrongdoing. They also aim to send a clear signal that such conduct will not tolerated. For example, if a jury finds that the truck driver was operating the rig under the influence of a drug or speeding, the goal is that the large punishment will deter others from engaging in this kind of conduct in the future.
You must prove that the negligence was not a single incident, but a pattern of conduct or reckless indifference. In this regard, many truck accident lawyers are not comfortable bringing a punitive damage claim based on boilerplate allegations of reckless conduct. In a recent case for instance the court rejected the punitive damages claim made against Garkusha who was driving a truck owned by Quality Logistics at the time of his crash with Plaintiff, because the Plaintiff failed to present any evidence that Garkusha's behavior right before and during the crash showed a pattern or reckless indifference to the consequences.
Damages for Property Damage
Due to their enormous size and weight, semi-trucks, commercial trucks and other large vehicles may cause more severe injuries when they collide with smaller vehicles. Consequently, victims may be more severely injured and incur greater medical costs as compared to other collisions with vehicles.
Keep meticulous records of all expenses and losses related to your accident. This will maximize the value of any claim. For instance, if you were injured in a collision with a truck and require multiple surgeries, outpatient procedures, physical therapy, and prescription medication, keep track of every expense. Also, if your injuries have caused you to miss work, write down your lost wages and future earnings potential.
Documenting any property damage is equally important. If your vehicle is damaged beyond repair or requires significant repairs, note the current value of the vehicle along with any other personal belongings that were damaged or destroyed in the accident. This includes furniture, electronics clothing, and other valuable items. aurora truck accident lawyer should also keep track of any expenses incurred for renting a car or going to doctor's appointments.
Insurance companies reach out to victims soon after a crash and offer settlements before the victim can speak to an attorney. These offers can be tempting, however, they don't compensate victims for their entire accident-related expenses. An experienced attorney can assist you in avoiding accepting the lowest settlement offer and ensure that the liable party is responsible for the full amount of your claim.
Your attorney will gather and review all documents prior to sending them to the insurance company of the liable party as part your claim. They will also negotiate directly with the insurance company to receive damages that are fair and reflect the true value.