Truck Accident Compensation
If you're a victim of a truck collision you could receive a call from the insurance provider of the driver or company's provider. It is advised to not speak with the insurance company unless your attorney is present.
To receive compensation to claim compensation, you must show that the truck driver and/or company acted in breach of their duty of care and that the breach led to the accident. The types of damages you could pursue include:
Medical expenses
The injuries suffered in a collision with a truck typically require extensive medical treatment. This can result in expensive hospital bills and prescription drug expenses. Many victims struggle to cover these costs and end up in debt long after the accident occurs. Accident victims who are injured can claim several damages, including medical expenses.
Medical expenses include any out-of-pocket costs related to an injury. These can include X-rays MRIs and CT scans, as well as doctor visits and physical therapy sessions. In addition, out-of pocket expenses can include the cost of things like wheelchairs and crutches. It is essential to keep the track of all medical expenses. An experienced attorney can assist you determine what expenses are eligible for compensation.
Generally, the at-fault truck driver or their insurance policy should be able to cover medical expenses. They won't pay for your medical expenses until you've resolved your case, or the jury has awarded you compensation after a trial. This can take years, and in the meantime, you'll be required to pay for medical expenses out of your own pocket.
Insurance companies are in the business of saving money and will employ every trick in the book to reduce their payouts. Their representatives are often friendly and helpful, but any statement you make to them may be used against you in the future. Always consult a lawyer with experience before speaking with any representatives of insurance companies.
A lawyer can help you navigate the claims process and fight for your right to receive full settlement. In some instances it might be necessary to retain a medical expert or other professional to demonstrate the extent of your injuries and how they've impacted your life.
Pain and suffering
A semi-truck accident could cause serious injuries. These injuries can be life-changing and can cause discomfort and suffering for a long time.
Because truck accidents can be devastating, they are more emotional than accidents that involve smaller vehicles. The victim and family may also suffer greater consequences like loss of income. If you've sustained serious injuries as a result of a collision with a truck, you can seek damages for your physical and emotional suffering and pain.
The amount you're entitled to receive for this portion of your claim could vary. This is because it can be difficult to accurately quantify your pain and suffering. There are guidelines that judges or jury can use to determine the worth of your injury. These include medical records, proof of mental health treatment, diaries, or other records of your daily activities as well as statements from your family or acquaintances about how the injury has affected them.
Injuries such as a spine cord injury or broken back can cause severe mobility and pain. These types of injuries are generally life-threatening and require surgical repair as well as ongoing treatment. They can also cause physical and psychological symptoms, such as anxiety, depression or fear or anger, shock and insomnia, as well as post-traumatic disorder (PTSD).
If the at-fault party's negligence caused the accident, they must be held accountable for the damage you've suffered. This is the case even if they were not driving at the time of the collision for instance, if they were drunk or if they were in violation of traffic laws or trucking laws. They may also be responsible for punitive damages.
Lost wages
You could be entitled to compensation for lost earnings if your injuries stop you from working for a prolonged period of time. The amount of compensation is based on the amount of money you would have received had you not missed work due to your accident-related injuries. It doesn't matter if you utilized vacation or sick time. You will have to provide proof to the insurance adjuster of your earnings and losses. This proof can be obtained through written documentation from your physician, which details your medical condition and the amount of work you must be unable to perform, as well as old pay stubs, W-2s and tax returns.
It is important to understand that you may also be able to be able to claim damages for loss of enjoyment and quality of life. This category of compensation is for injuries that hinder you from engaging in your favorite pastimes and activities, such as traveling or engaging in hobbies. You may also be able to get compensation for future income loss in the event that your injuries prevent you from returning to a similar type of job in future.
Although non-economic damages aren't as tangible than lost wages or other financial losses, they can be significant. Examples include pain and suffering and disfigurement or scarring, and loss of enjoyment of life. These types of damages could be significant for victims who have suffered serious injuries as a result of a truck crash and, in particular, when the injuries involve internal organs. In extreme cases you could be able to claim punitive damages. These damages are designed to penalize the person responsible and discourage them from repeating the same reckless act. These are not common, but they can be awarded in the event that the truck driver was negligent or reckless.
Punitive damages
You could be eligible for compensation for loss of wages if injuries prevent you from working in the same capacity. This is a major issue for many truck accident victims who may not be able pay their expenses on a daily basis without the income they earned from their work. Additionally, medical bills could mount up quickly. You need an experienced lawyer for truck accidents to ensure that you get the maximum amount of compensation possible for your losses.
If the negligence of the truck driver or the trucking company caused your injuries, you could be entitled to punitive damages in addition to the compensatory damages discussed above. However, this isn't an easy claim to win. The law on punitive damage is extremely strict. To be eligible for this type of monetary award, a plaintiff must prove that the trucking company or its driver was guilty of fraud, malice, or willful conduct.
In general, juries give punitive damages in an attempt to penalize wrongdoers and convey a message to others that this type of conduct will not be tolerated. For instance in the event that a jury decides that the truck driver was operating their vehicle under the influence of intoxicants or speeding, the expectation is that the large damages awarded will discourage others from engaging in this egregious behavior in the future.
It is vital to note that you must prove the negligence was not an isolated incident or even an ongoing pattern of conduct or reckless indifference. Many truck accident lawyers are hesitant to bring a punitive damage claim based on boilerplate accusations of reckless behavior. In a recent case for example the court dismissed 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 did not present any evidence that Garkusha's actions right before and during the incident showed a pattern or a lack of attention to the repercussions.
Damages for Property Damage
Due to their huge size and weight semi-trucks, commercial trucks, and other large vehicles can cause more severe damage when they collide with smaller vehicles. Therefore, the victims can be more severely injured and incur more medical expenses than other victims of accident-related accidents.
Keep meticulous logs of all expenses and losses related to your accident. irvine truck wreck lawyer will increase the value of any claim. For instance, if have been injured in a crash involving a truck and require multiple procedures, surgeries such as physical therapy, prescription medication, keep track of every expense. Also in the event that your injuries have caused you to miss work, document your lost wages and future earnings potential.
It is also crucial to record all property damage. If your vehicle is total loss or requires major repairs, document the current value of the vehicle along with any other personal items that were damaged or destroyed during the accident. This includes clothing, electronics furniture, furniture, as well as other valuables. You should also keep track of any costs incurred for renting a car or for travel to appointments with a doctor.
Insurance companies contact accident victims soon after a crash and offer settlements, before the victim can talk to an attorney. While these offers may seem tempting, they generally don't fully compensate victims for all of their expenses related to accidents. A knowledgeable attorney can help you in avoiding a low settlement and ensuring that the party responsible pays for the full amount of your case.
Your lawyer will collect and review all documents before 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 are awarded damages that reflect the actual value of your losses.