Truck Accident Compensation
You could be contacted by the insurance company of the driver, or by the company if you are the victim of a truck accident. It is recommended to not speak with the insurance company unless you have an attorney present.
To receive compensation, you must prove that the truck driver and/or company failed to meet a duty of care and this breach caused the accident. The types of damages that you can seek include:
Medical expenses
Injuries that result from a truck crash often require extensive medical care. This could result in high medical bills and prescriptions. A lot of victims are unable pay for these expenses and are left in debt even after the accident. Victims of accidents that injured them can claim many damages, including medical expenses.
Medical expenses can include out-of-pocket expenses related to an injury. They could include Xrays, MRIs, and CT scans, as well as visits to the doctor and physical therapy sessions. Out-of-pocket expenses can also include the cost of equipment like crutches and wheelchairs. It is important to track every medical expense and save receipts. An experienced attorney can help you determine what expenses are eligible for compensation.
In general, the driver of the truck at the fault or their insurer should be able to cover medical expenses. However, they will only do so when your case settles or a jury decides to award you compensation following an appeal. This can take a long time and in the meantime, you'll have to pay for medical expenses out of pocket.
Insurance companies exist to save money, and will employ any method that they can find to lower their payouts. Their representatives can appear friendly and helpful, but any statement you make to them can be used against you later. It is recommended to consult a seasoned legal advocate before speaking with any representatives of insurance companies.
Your lawyer can help you through the claims process and help you get your full compensation. In some instances, it may be necessary to hire a medical professional or other expert to prove the severity of your injuries and how they have impacted your life.
Pain and suffering
A semi-truck collision can cause severe injuries. These injuries could be life-changing, and cause pain and suffering for a long period of time.
Truck accidents can be more emotionally painful because they can be so devastating. The victim and family are also more likely to suffer the consequences like loss of income. If you've suffered severe injuries as a result of a truck accident, then you may be able to pursue damages to pay for the physical pain and suffering you endured.
The amount you're entitled to receive as a part of your claim may vary. This is because it can be difficult to determine the exact amount of your pain and suffering. However, there are guidelines that can help 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 routine and statements from family or friends on how the injury has affected them.
Broken spine or spinal cord damage can cause life-threatening pain and loss of mobility. 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 like anxiety, depression or fear and shock, anger, insomnia or post-traumatic disorder (PTSD).
If the negligence of the party at fault caused the accident, they have to be held accountable for the harm you've incurred. This is true even if they were not driving at the time of the accident or were intoxicated or they did not follow traffic laws or trucking laws. They could also be held liable for punitive damages.
Loss of wages
You could be entitled to compensation for lost earnings if your injuries stop you from working for a lengthy period of time. The amount of compensation you receive is by the amount you could have earned had you not been unable to work due to your injuries from accidents. It doesn't matter if you used sick days or vacation time. You'll need to provide evidence to the adjuster of your earnings and losses. This evidence can be obtained by submitting a written document from your doctor, which outlines your medical condition and how much work you are required to not miss, along with the previous pay stubs, W-2s, and tax returns.
It's important to note that you are also able to claim damages for the loss of enjoyment and quality of life. This category of compensation is for injuries that hinder you from participating in your favourite pastimes and activities, like traveling or engaging in hobbies. You can even recover lost income if the injuries have prevented you from resuming the same type of job in the future.
While non-economic damage is less tangible than lost wages or other financial losses, they can still be substantial. Examples include suffering and pain in the form of scarring or disfigurement and loss of enjoyment life. These are serious injuries, especially for victims who sustained serious injuries in a truck accident, particularly if injuries are internal organ-related. In extreme cases it is possible to seek punitive damages. These are designed to punish the at-fault party and deter them from committing the same reckless actions in the future. These types of damages are very rare, but they can be awarded when the truck driver was notably negligent or reckless.
Punitive damages
If your injuries stop you from working in the same capacity, then you may be eligible for compensation for lost wages. Many truck accident victims are worried about this because they might not be able to meet their daily expenses without the income they earned from their job. Your medical bills can also grow quickly. To ensure you receive the maximum compensation for your losses, you require an experienced attorney for truck accidents.
You may be entitled to punitive damages along with compensatory damages. This is not a simple claim to make. The law on punitive damages is extremely strict. A plaintiff must prove that the trucking company or driver was guilty of fraud, malice, or willful misconduct to claim this type of award.
In general juries give punitive damages in an attempt to penalize wrongdoers and convey a message to others that this kind of behavior will not be tolerated. If a jury finds that a truck driver was driving their vehicle under the impaired by drugs or speeding and the jury decides to award hefty punitive damages, they hope this will deter others from engaging in the same egregious conduct in the future.
You must prove that the act was not an isolated incident, but rather a pattern of conduct or indifference. Many truck accident lawyers are hesitant to bring a punitive damages claim based solely on the usual allegations of reckless conduct. 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 crash with the Plaintiff as the Plaintiff failed to present any evidence that Garkusha's actions prior to and during the incident showed the pattern of reckless disregard to the consequences.
Damages for Property Damage
Semi-trucks, trucks, and other large vehicles, because of their size and weight can cause more severe damage when they collide with smaller vehicles. The result is that victims of semi-truck accidents may suffer more severe injuries and have higher medical costs than those who suffer injuries in other vehicle accidents.
To maximize the value of your claim it is essential to keep detailed records of all incident-related expenses and losses. For instance, if were injured in a car accident and require multiple surgeries, outpatient procedures including physical therapy and prescription drugs, note every expense. Also If your injuries have caused you to miss work, note the loss of wages as well as future earnings potential.
It is also important to document any property damage. If your car is total loss or requires significant repairs, document the current value of the vehicle with any other personal belongings that were damaged or destroyed in the accident. This includes electronics, furniture clothes and other valuables. You should also keep track of any expenses incurred for renting a car or going to appointments with a doctor.
sparks truck accident law firm call accident victims soon after a crash and offer settlements before the victim has the opportunity to speak with an attorney. These offers can be tempting but they do not provide compensation for the entire costs incurred as a result of the accident. A knowledgeable attorney can assist you in avoiding a small settlement and in ensuring that the responsible party is compensated for the entire amount of your case.
Your attorney will collect and review all the necessary documentation before providing it to the responsible insurance company of the parties as part of your claim. They will also direct negotiate with the insurance company to get damages that are fair and reflect your true value.