Truck Accident Compensation
If you're the victim of a truck crash, you may receive contact from the insurance company of the driver or provider. It is recommended to not talk to those individuals unless you have an attorney present.
In order to receive compensation, you must prove that the truck driver and/or company violated a duty of care and that the breach led to the accident. The types of damages you may pursue include:
Medical expenses
Injuries resulting from a truck accident usually require extensive medical care. This can result in expensive hospital bills as well as prescription costs. Many victims struggle to cover these costs and remain 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 the pocket expenses incurred as a result of an injury. These costs can include X rays, MRIs and CT scans as in addition to doctor's appointments and physical therapy sessions. The cost of wheel chairs and crutches could also be included in out-of-pocket costs. It is important to track all medical expenses and keep receipts. A knowledgeable attorney can help you determine which expenses qualify for compensation.
In general, the driver of the truck at fault or their insurance should cover your medical expenses. However, they will only pay when your case settles or a jury decides to award you compensation following a trial. This can take a long time 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 reducing costs and will use every trick in the book to cut their payouts. They may appear friendly and helpful, but whatever you say to them could be used against you later. Always consult a lawyer with experience before speaking with any representatives of insurance companies.
Your lawyer will assist you with the claims process and help you fight for full compensation. In certain cases it is necessary to retain a medical expert or other professional to demonstrate the severity of your injuries and how they have impacted your life.
Suffering and pain
A semi-truck crash can result in serious injuries. These injuries can be life-changing and can cause long-term suffering and pain.
Accidents involving trucks can be more emotionally painful because they can be so devastating. They can also have greater consequences for the victim and their family members, such as loss of income. If you've suffered from serious injuries as a result of a collision with a truck you may seek compensation for your emotional and physical pain and suffering.
The amount you are entitled to as a result of this portion of your claim may vary. This is because it may be difficult to determine the exact amount of the amount of pain and suffering you endured. There are guidelines that a judge or jury could follow to determine the worth of your injury. These can include medical documents of your injuries, evidence of the treatment of a mental health professional diaries, diaries or other types of documentation regarding your daily activities, and statements from friends or family members about how your injury has affected them.
Injuries such as a broken spine or damage to the spinal cord can cause life-threatening pain and loss of mobility. These types of injuries are generally life-threatening and require surgical repair and ongoing treatment. They can also trigger physical and psychological symptoms, like anxiety, depression, fear, anger, shock, insomnia or post-traumatic disorder (PTSD).
If the negligent party caused the accident, then they are liable for any injuries you've suffered. This is true even if the at-fault party was not driving at the time the accident occurred. For example that the person was drunk or had a violation of traffic or trucking laws. They may also be responsible for damages for punitive damage.
Lost wages
If your injuries prevent you from working for a long period of time, you may be entitled to recover lost wages. This compensation is based on how much you would have earned if not missed work because of your injury from an accident. It doesn't matter whether you took sick leave or vacation. You will have to provide proof to the insurance adjuster of your income and loss. This can be done by obtaining a signed document from your physician that outlines your medical condition as well as the amount of time you'll miss from work, and any previous pay stubs.
It is important to remember that you may also be able to claim damages for loss of enjoyment and quality of life. This is compensation in the event of injuries that prevent you from doing your favorite hobbies or activities like travel. It is also possible to claim compensation for lost income in the future if your injuries prevent you from returning to a similar kind of job in the future.
While non-economic losses are less tangible than lost wages or other financial losses, they can be substantial. Examples include pain and discomfort, scarring or disfigurement and loss of enjoyment in life. These kinds of damages can be significant for victims who have suffered severe injuries as a result of a crash involving a truck particularly if the injuries affect internal organs. In extreme instances the possibility of punitive damages is available. These are intended to punish the person at fault and discourage them from engaging in similar reckless conduct in the future. These kinds of damages aren't common but they are awarded if the truck driver has been deemed to be negligent or reckless.
Punitive damages
You may be entitled to compensation for the loss of wages if injuries prevent you working in the same capacity. This is a major concern for many truck accident victims who may not be able to pay for their daily expenses without the income they were receiving from their job. The medical bills you incur can get expensive quickly. It is essential to hire a seasoned lawyer for truck accidents to ensure that you get the maximum amount of money that you are entitled to for your losses.
If the negligence of the truck driver or trucking company caused your injuries, you could be entitled to punitive damages in addition to the compensatory damages outlined above. This isn't an easy claim. The law regarding punitive damages is extremely strict. A plaintiff must establish that the trucking company or driver committed fraud, malice, or willful misconduct in order to obtain this type of monetary award.
In general, juries award punitive damage as a way of punishing criminals. They also want to send a clear message that this kind of behavior will not be tolerated. If a jury decides that truck drivers were operating their vehicle under the effects of drugs or speeding and the jury awards significant punitive damages, they hope that it will discourage others from engaging in such egregious conduct in the future.
It is crucial to remember that you must prove that the negligence was not just a single incident, but rather an ongoing pattern of conduct or 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 struck down a punitive damages claim brought by Garkusha who was driving a Quality Logistics truck at the time of the crash along with Plaintiff. The Plaintiff did not provide any evidence that Garkusha’s conduct before and during the incident showed a pattern of reckless indifference to the consequences.
Damages for property damage
Due to their enormous size and weight semi-trucks and commercial trucks, and other large vehicles may cause more serious damage when they crash into smaller vehicles. As a result, victims could be more severely injured and incur greater medical costs than those who suffer from other collisions with vehicles.
Keep meticulous notes of all expenses and losses related to your accident. This will maximize the value of any claim. Record every expense, for example, in the event that your injuries were triggered by a truck crash, and you require multiple surgeries and outpatient treatments, physical therapy and prescription medication. Keep high point truck accident law firm of your lost wages as well as any future earnings possibilities if you have missed work because of injuries.
Recording all property damage is important. If your car is a total loss or requires major repairs, document the current value of the vehicle along with any other personal belongings that were damaged or destroyed in the accident. This includes clothing, electronics furniture, furniture, as well as other valuables. Also, if you've required a car rental or travel for doctor's appointments, record the expense and document any other costs related to these trips.
Insurance companies typically contact victims of accidents immediately following a crash to offer settlements prior to the victim has an opportunity to speak with a lawyer. While these offers may seem appealing, they typically do not fully compensate victims for all of the expenses incurred by accidents. A skilled lawyer can assist you in avoiding accepting a low settlement offer and ensure that the responsible party is fully responsible for the value of your claim.
Your attorney will gather and review all documents before sending them to the insurance company of the responsible party as part of your claim. They will also work directly with the insurance company in order to receive damages that are fair and reflect your true value.