Truck Accident Compensation
You could be contacted by the insurance company of the driver, or by the company in the event that you have been the victim of a truck crash. It is advised to not speak with these individuals unless your attorney is present.
To be eligible for compensation to claim compensation, you must show that the truck driver or company violated a duty of care and the breach led to your accident. You can seek damages for:
Medical expenses
The injuries that result from a truck accident usually require extensive medical attention. This can lead to expensive hospital bills as well as prescription costs. Many victims aren't able to pay for these costs and are left in debt after the accident. Accident victims who are injured can claim various damages, including their medical expenses.
Medical expenses refer to any out of pocket costs related to an injury. These costs can include X rays, MRIs and CT scans, as well as doctor's visits and physical therapy sessions. The cost of crutches and wheel chairs can also be a part of out-of-pocket costs. It is crucial to keep track of all medical expenses. An experienced attorney can assist you determine which expenses are eligible for compensation.
In general, the truck driver at fault or their insurance company should cover 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 after an appeal. This can take a long time and in the meantime, 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 cut their payouts. Their representatives can appear friendly and helpful, however any statement you make to them could be used against you in the future. It is best to consult with an experienced lawyer before speaking to any insurance company representatives.
Your lawyer can assist you navigate the claims process and fight for your right to complete settlement. In some cases, you may need to employ a medical expert to prove your injuries and the impact they've had on your life.
Suffering and pain
Getting hit by a semi-truck could cause serious injuries. These injuries are often life-changing and cause long-term suffering and pain.
Because truck accidents can be destructive, they can be more emotionally devastating than crashes involving smaller vehicles. They also have greater consequences for the victim as well as their families, including the loss of income. If you have suffered serious injuries as a result of an accident involving a truck, you can claim damages to cover your physical pain and suffering.
The amount you're entitled to receive as a part of your claim might vary. This is because it's often not possible to determine accurately the extent of your pain and suffering. There are guidelines that judges or jury may use to determine the worth of your injury. These include medical reports of your injuries, evidence of an appointment with a mental health professional diaries or other kinds of documentation about your daily routine, and the statements of family members or friends about how your injury has affected them.
Injuries such as a damaged spine or spinal cord damage can result in life-threatening pain and loss of mobility. These kinds of injuries are generally life-threatening and require surgical repair and ongoing treatment. They can also trigger other psychological and physical symptoms like anxiety, depression as well as shock, fear anger, insomnia or post-traumatic stress disorder (PTSD).
If the at-fault party's negligence led to the accident, they must be held accountable for the damage you've incurred. This is the case even if they didn't drive at the time of the crash in the event that they were drunk or had violated traffic or trucking laws. They can also be liable for punitive damages.
Loss of wages
You may be eligible for compensation for lost wages if injuries keep you from working for an extended period of time. This compensation is calculated by the amount of money you would have received had you not been unable to work due to your injuries from accidents. It doesn't matter whether you took sick time or a vacation. You'll need to provide evidence to the adjuster of your earnings and losses. This proof is obtained by obtaining a written document from your doctor that details your medical condition and the length of time you will miss at work, and previous pay receipts.
You may 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, like traveling or engaging in hobbies. You can also get compensation for future income loss if your injuries prevent you from returning to the same type of job in the future.
Non-economic damages can be as significant as financial losses and lost wages. Examples include pain and discomfort in the form of scarring or disfigurement, and loss of enjoyment in life. These damages can be significant for those who suffered serious injuries in a car accident, particularly if the injuries are internal organ-related. In extreme circumstances you may be able to claim punitive damages. These damages are designed to punish the party at fault and discourage them from repeating the same reckless behavior. These are not common however they may be awarded in the event that the truck driver was notably negligent or reckless.
Punitive damages
You could be entitled to compensation for the loss of earnings if you are injured and prevent you working in the same capacity. This is a major concern for a lot of victims of truck accidents who may not be able pay their daily expenses without the income they earned from their jobs. Medical bills can increase quickly. You need an experienced truck accident lawyer to ensure you receive the maximum amount of money possible for your losses.
If the negligence of the truck driver or trucking company caused the injuries you suffered, you could be entitled to punitive damages in addition to the compensatory damages mentioned in the previous paragraphs. This is not a simple claim to make. The law on punitive damage is very strict. A plaintiff must prove the trucking company or driver committed fraud, malice, or willful misconduct to collect the amount of money awarded.
Generally, juries make punitive damages as an effort to punish those who have committed wrong and convey a message that such conduct will not be tolerated. If troy truck accident lawsuit determines that the truck driver was driving under the effects of drugs or speeding and the jury awards significant punitive damages, they hope that this will discourage others from engaging in such egregious conduct in the future.
You must prove that the negligence was not a singular incident, but a pattern of conduct and/or reckless indifference. Many truck accident lawyers are hesitant to bring a punitive damages claim based solely on the standard allegations of reckless conduct. In a recent case, for instance, the court disallowed the punitive damages claim made by Garkusha who was driving a Quality Logistics truck at the time of the collision with Plaintiff. The Plaintiff had failed to provide any evidence that Garkusha's conduct before and during the incident exhibited the pattern of reckless disregard towards the consequences.
Damages to property caused by property
Due to their huge size and weight, semi-trucks, commercial trucks and other large vehicles could cause more severe damage when they collide with smaller vehicles. In turn, the victims might be more severely injured and incur greater medical costs than other victims of collisions with vehicles.
Keep meticulous notes of all expenses and losses resulting from your accident. This will enhance the value of any claim. Note each expense, for instance, when your injuries were brought on by a car accident and you require multiple surgeries as well as outpatient treatment physical therapy, and prescription medications. Document your lost wages, as well as any future earnings possibilities even if you've been off work due to injuries.
It is also important to document all property damage. Document the current value of your vehicle as well as any other personal items damaged or destroyed due to the accident. This includes items like electronics, clothing furniture, furniture, as well as other valuable items. In addition, if had to rent a vehicle or travel for doctor's appointments, record the expense and note any other expenses that are associated with these travels.
Insurance companies contact accident victims immediately following a crash and offer settlements prior to when the victim is able to speak with an attorney. These offers can be tempting however, they don't provide compensation for the entire accident-related expenses. A knowledgeable attorney can assist you in avoiding accepting an offer for a small settlement and ensure that the liable party pays the full value of your claim.
Your attorney will gather and review all documents before making them available to the insurance company of the liable party as part your claim. They will also direct negotiate with the insurance company to receive damages that are fair and reflect the true value.