Truck Accident Compensation
You could be contacted by the insurance company of the driver or company if you are the victim of a truck crash. It is advised to not talk to these individuals unless you have an attorney present.
To be eligible for compensation You must prove that the truck driver or company breached their duty of care and that the breach led to the accident. You can seek damages for:
Medical expenses
The injuries that result from a truck accident often require extensive medical treatment. This could result in costly hospital bills and prescription drug expenses. Many victims struggle to cover these expenses and are in debt long after the crash occurs. Fortunately, victims of accidents are able to claim many damages, including medical expenses.
Medical expenses encompass all out-of budget expenses that result from an injury. They could include Xrays, MRIs, and CT scans and physical therapy and doctor's sessions. Out-of-pocket expenses can also include the cost of equipment like wheelchairs and crutches. It is important to keep in mind all medical expenses. An experienced attorney can identify the expenses that are admissible for compensation, and can help you make a claim for these losses.
In general, the truck driver at the fault or their insurance company should pay for your medical expenses. They will not be able to pay your medical expenses until you've resolved your case, or a jury has awarded you compensation following an investigation. This could take a long time, and during that time, you'll have to pay for medical expenses out of your own pocket.
Insurance companies are in the business of saving money, and will use every trick in the book to reduce their payouts. Their representatives can appear friendly and helpful, but any statements you make to them may be used against you later. Always consult a lawyer with experience before speaking with any representatives of insurance companies.
Your lawyer can help you navigate the claims process and fight for your right to receive full compensation. In some instances you may need to hire a medical expert to establish your injuries and the impact they've had on your life.
Pain and suffering
A semi-truck collision can cause serious injuries. These injuries are often life-changing and cause long-term suffering and pain.
Because truck accidents are so devastating, they are more emotional than accidents involving smaller vehicles. They can also result in greater consequences for the victim as well as their family members, such as loss of income. If you've suffered from serious injuries in a truck accident, you can seek damages for your emotional and physical suffering and pain.
The amount you are entitled to receive for this part of your claim might differ. This is because it can be difficult to accurately measure the extent of your suffering and pain. There are guidelines that judges or jury may use to determine the value of your injury. These can include medical documentation of your injuries evidence of a mental health professional's treatment diaries or other forms of documentation about your daily routine, and the statements of family members or friends of how your injuries have affected them.
Injuries such as a spine cord injury or a broken back can cause extreme discomfort and loss of mobility. These types of injuries are typically life-threatening and require surgical repair as well as ongoing treatment. They can also trigger physical and psychological symptoms like anxiety, depression, or fear as well as shock, anger, insomnia or post-traumatic disorder (PTSD).
If the party who was negligent caused the accident, they are liable for any injuries you've suffered. This is true even if the at-fault party was not driving at the time that the accident occurred. For instance, if the person was intoxicated or violated traffic or trucking laws. They could also be held liable for punitive damage.
Loss of wages
If your injuries keep you from working for an extended duration, you may be entitled to a reimbursement of lost wages. This compensation is based on how much you would have earned if you had not missed work because of your accident-related injuries. It doesn't matter that you took sick leave or vacation. However, you'll need to prove your earnings and losses to the adjuster of your insurance. This evidence can be gathered through a written statement from your physician that specifies your medical condition and the amount of work you should skip, as well as previous pay stubs, W-2s and tax returns.
You can also seek damages in the event of a loss of enjoyment or quality of life. This category of compensation is for the injuries that keep you from engaging in your favorite pastimes and activities, like traveling or engaging in hobbies. You can also recover future income lost as a result of your injuries, if they prevent you from returning to the same type of job in future.
Non-economic damages can be as significant as the financial loss and loss of wages. Examples include discomfort and pain, scarring or disfigurement and loss of enjoyment in daily life. These types of damages can be significant for victims who sustained serious injuries from a truck crash, especially when the injuries involve internal organs. In extreme instances, punitive damages may be available. These damages are designed to punish the person who was at fault and deter them from repeating the same reckless act. These are not typical damages but they are granted when the truck driver is particularly negligent or reckless.
Punitive damages
If your injuries prevent you from working in the same capacity, then you may be able to claim compensation for lost wages. Many victims of truck accidents are worried about this, because they might not be able to meet their daily expenses without the income that they earned from their jobs. In addition, your medical bills can mount up quickly. To ensure you receive the maximum compensation for your losses, you'll need an experienced attorney who has handled truck accidents.
You could be entitled to punitive damages along with compensatory damages. This isn't an easy claim. The law on punitive damage is extremely strict. A plaintiff must establish that the trucking company or driver engaged in fraud, malice, or willful misconduct to claim this type of award.
Generally juries decide to award punitive damages in an attempt to punish wrongdoers and convey a message to others that this kind of behavior is not acceptable. If a jury finds that a truck driver was driving their vehicle under the impaired by drugs or speeding, and the jury awards significant punitive damages, they hope that this will discourage others from engaging in similar egregious conduct in the future.
It is vital to note that you must prove that the negligence was not just one incident but rather a recurring pattern of conduct or reckless indifference. In this regard, many truck accident lawyers aren't comfortable bringing a punitive damage claim based on boilerplate allegations of reckless conduct. In a recent instance for instance, the court struck down a punitive damages claim brought by Garkusha who was driving a Quality Logistics truck at the time of the crash with Plaintiff. alexandria truck wreck lawyer had failed to provide any evidence that Garkusha's actions prior to and during the incident showed the pattern of reckless disregard towards the consequences.
Damages to property caused by property
Due to their enormous size and weight semi-trucks, commercial vehicles and other large vehicles could cause more severe damage when they crash into smaller vehicles. The result is that victims of semi-truck crashes may suffer more severe injuries and incur more medical expenses than victims in other vehicle accidents.
Keep meticulous records of all expenses and losses that are a result of your accident. This will increase the value of any claim. For instance, if have been injured in a truck accident and require multiple surgeries, outpatient procedures or physical therapy, as well as prescription medications, document every expense. Also in the event that your injuries have caused you to miss work, record your lost wages and future earning potential.
The documentation of all property damage is important. Keep track of the value of your vehicle as well as any other personal belongings damaged or destroyed due to the accident. This includes furniture, electronics and clothing, as well as other valuables. In addition, if you've required a car rental or travel to doctor appointments keep track of the cost and note any other expenses associated with these trips.
Insurance companies call accident victims immediately following a crash and offer settlements, prior to the victim has the opportunity to speak with an attorney. While these offers may seem tempting, they usually don't compensate victims for all their accident-related expenses. A skilled attorney can assist you in avoiding a low settlement and in ensuring that the liable party pays for the full value of your case.
Your lawyer will collect and review all documentation prior to making them available to the insurance company of the liable party as part of your claim. They will also negotiate with the insurance company to ensure that you receive damages that are proportionate to the value of your losses.