How to File a Truck Accident Claim
The majority of truck accidents are the result of negligence on the part of a truck driver or trucking company. Injured victims often have to file a lawsuit to obtain full compensation for incident-related costs.
Medical expenses are a cost that victims of truck accidents often have to pay. The insurance company of the liable party may require an independent medical exam to determine the extent of your injuries and how they affect your daily life.
Medical Care
When you are in a crash involving a truck and require medical care to ensure your safety and health. In addition, seeking medical help as soon as you can makes it easier to document your injuries for use in your claim. This will also assist you to create an argument that your injuries were caused due to the accident.
Medical expenses are an important element of any claim for personal injury. They demonstrate the severity of your injuries and how they affected your life. Without a solid record of your injuries, you may not be able to claim the full amount of your injuries.
In some instances medical care may be so extensive that it stops you from working or going back to your regular activities. If this occurs, you might be able to get compensation for the loss of income. You may also be eligible to receive reimbursement for the cost of any assistive device you need to live a normal life.
In any accident, there are a variety of parties that can be held responsible for a truck accident. These include:
Truck drivers: Truck drivers can be employees of a company who are bound by a contract to work for a specific employer or an independent owner-operators who operate their trucks for themselves or a shipping company they contract with. Truck drivers who are negligent, reckless or engage in unsafe driving may be accountable for causing an accident.
Other drivers: If a driver's negligence led to a crash, that person could be held accountable. It is common for other drivers to share the blame when it comes to truck accidents, especially when the other driver was driving in a reckless manner or was distracted.
The parties at fault may attempt to minimize your claim by deflecting the blame, recording your statement against you, or deceiving you into admitting to fault. This is why you need to work with a knowledgeable truck accident lawyer. Your lawyer will fight to protect your rights and make sure the responsible party pays what you owe.
Lost Wages
Truck accidents are not the usual. These kinds of accidents are more severe and more likely to result in long-term injuries and permanent disabilities. These crashes also carry larger loads, which could make the occupants more vulnerable. There are a variety of truck drivers. Owner-operators, who own their own trucks and contract with shippers in exchange for a fee to haul goods or company drivers who operate vehicles that are owned by their employer. Both of them can be held accountable in the event of a collision involving commercial vehicles, based on the circumstances of the accident.
Anyone who suffers an injury in a car accident that prevents them from working could be eligible for compensation for lost wages. These are calculated according to the amount of money they could have earned in the time they were unable to work because of their injuries. This includes regular salaries along with benefits such as paid time off or overtime.
In order to award damages for lost wages, a judge usually reviews a letter from the injured party's physician that details their treatment plan and explains the reason they were unable to work. A letter from their employer that confirms their earnings, hourly wage and the number of days that they were not able to work due to their injury is also required.
Once all the evidence is collected and analyzed, your lawyer will draft an order form that outlines the amount you've suffered as a result of the truck accident. This is then sent to the insurance company of the other driver with an unambiguous message that outlines the facts of the case and how you were hurt and the amount you're requesting. Negotiations could involve back-and-forth communication. If an agreement is not able to be reached, your lawyer will file a suit on your behalf.
In most instances, a plaintiff is able to claim the compensation for lost wages via the at-fault driver's liability bodily injury coverage. If this isn't an option an injured person could make a claim through their own auto insurance company. This is only up to the limits of their personal injury protection insurance (PIP).
Pain and Suffering
In addition to financial losses, truck accidents often result in substantial emotional and physical pain. These non-economic losses are typically difficult to put a dollar figure on, however they do need to be compensated in monetary terms. A New York truck accident attorney can examine your case and determine the value of your non-economic damages.
Injuries can make you be unable to participate in your preferred hobbies or pastimes. It is also possible to miss out on vacations and other activities that enrich your life and you're entitled to compensation for this loss. greenville truck wreck lawyer of non-economic losses include loss of consortium and loss of enjoyment of life.
It's important to seek immediate medical attention for any injury caused by a collision with the size of a truck. This will not only ensure your health and safety, but it could also serve as a crucial document for any future personal injury claim. Even if the injury appears minor, it's crucial to undergo a thorough assessment. After a while an expert in medical care can determine the severity of your injury is and give you the right treatment.
The next step is to have your attorney review all the evidence and create an order letter that sets the compensation you require. Your lawyer will then send the letter to the responsible parties and their insurance companies. Your lawyer will be able for a trial if they do not accept your demands. This will show them that you're not willing to back down and they must treat you with respect if they want you to receive fair compensation.
Be prepared for the insurance company of the party at fault to contact you about the accident and any injuries that you sustained. They're usually "wolves disguised as sheep" and they'll attempt to obtain information from you that they can alter out of context and use against you in court to minimize the amount you receive in settlement. By having your lawyer handle all communications with insurance companies and others, you'll be sure to avoid making statements that could be used against you.
Damages
The most significant aspect of a truck accident claim involves damages. The damages can be either economic (medical bills loss of wages) or non-economic (pain and suffering). All injuries are the result of negligence. Consequently, to receive compensation for these losses, an injured victim must be able to prove that the responsible party did not exercise reasonable care while operating or maintaining their vehicle or acted recklessly on the road.
Even minor accidents can cause catastrophic injuries due to the size and weight. It is imperative to seek immediate medical attention, even if your injuries seem to be minor. This will not only safeguard your health and well-being, but also provide crucial evidence for your possible injury claim. This will help your insurance company determine the extent of your injuries and might help them argue that you're not as severely injured as you claim.
It is also important to keep track of any expenses related to your accident. This will include any travel expenses you incur in order to travel to appointments with a doctor or other treatments and also any property damage that occurs as a result of the collision. This includes your vehicle that could be destroyed in a serious crash, as well as personal possessions such as watches and other jewelry.
Insurance companies may contact you to offer a settlement within a few days after the crash. Do not contact them or accept a settlement without consulting with a knowledgeable truck accident lawyer. These people often try to entice you to accept lower offers that do not adequately cover your accident-related expenses. A reputable lawyer can examine your records and provide you with a precise estimate of the value of your case.
In addition your lawyer will be able to determine whether any additional damages are available, such as punitive damages. These are damages designed to penalize the perpetrator and deter others from engaging in the same behavior.