How to File a Truck Accident Claim
The majority of truck accidents are caused due to negligence on the part of a trucker or trucking company. In most cases, victims of injury are required to file a lawsuit in order to receive full compensation for any accident-related expenses.
Medical bills are a common expense for those who have suffered from a truck accident. Insurance companies can request an independent medical examination to determine the severity of your injuries and their impact on your daily life.
Medical Care
It is essential to seek medical attention right away following an accident with a truck to ensure your safety and health. In addition, getting medical help as soon as you can makes it easier to note your injuries in your claim. It can also help you build a stronger case that proves your injuries resulted from the accident.
Medical expenses are a foundational part of any personal injury claim. They demonstrate the extent of your injury and how it has affected your life. You might not be able to get the full amount of compensation if do not have evidence of your injuries.
In certain cases the medical treatment could be so that you are unable to work or resume your usual activities. If this occurs, you might be able to get compensation for the loss of income. In addition, you could be eligible for reimbursement for the cost of any assistive device you need in order to live your life as normal as possible.
As with all accidents the parties involved could be held accountable for the cause of a truck crash. These parties include:
Truck drivers: They may be employees of a company or contract employees who are required to drive for a specific employer or independent owner-operators. They operate their vehicles for them or the shipper with whom they have signed a contract. If truck drivers are careless, reckless, or otherwise engaged in unsafe conduct on the road, they may be held responsible for causing a crash.
Other drivers: If a driver's negligence contributed to a crash, that person may be held responsible. Other drivers are often found to be responsible for truck-related accidents, especially when the other driver was driving in a reckless manner or distracted.
The responsible parties may attempt to minimize your claim by deflecting blame, recording your statements against you, or tricking you into admitting fault. You need to hire an experienced truck accident lawyer. Your lawyer will fight to protect your rights and make sure the responsible party is paid what you are due.
Lost Wages
Accidents involving trucks aren't the norm. These collisions are more serious and more likely to result in long-term injuries and permanent disabilities. These crashes also carry larger loads, which could cause occupants to be at risk. There are several different kinds of truck drivers, which include owner-operators who own their own trucks and contract with shippers to haul items for a fee, or company drivers who drive the vehicles that are owned by their employers. Both of them can be held accountable in a collision that involves a commercial vehicle, depending on the circumstances of the crash.
A person who sustains an injury as a result of a truck accident that keeps them from working might be entitled to compensation for lost wages. The amount they could have earned during the time they were unable to work due to injuries is used to determine the compensation. This includes not just regular salaries, but benefits like paid time off and overtime.
Before awarding damages for lost wages, a judge normally examines a letter from the injured party's physician that details their treatment plan and explains why they were unable to go to work. A letter from the victim's employer is also required to confirms their hourly or salary wage, and the number of days they were unable go to work because of their injury.
Once the evidence is gathered, your attorney will prepare an itemized list of demands that detail the amount you've lost as a result of the accident. The package will be sent out with a clear message to the insurance company of the other driver, stating the facts of the case and how you were injured. There could be back-and-forth communications during the negotiation process and if an agreement is not reached, your attorney will initiate a lawsuit on behalf.
In most cases, a plaintiff can get compensation for lost wages under the liability bodily injury coverage. If this is not possible the person who has been injured can submit a claim to their own auto insurance company. This will only be up to the limit of their personal injury protection coverage (PIP).
Pain and Suffering
Truck accidents can cause emotional and physical pain along with financial loss. These non-economic losses are often difficult to quantify a dollar amount on, however they do deserve financial compensation. A knowledgeable New York truck accident lawyer can examine your case and determine the value of your non-economic losses.
One good example of non-economic losses is the inability to pursue hobbies or participate in the activities you love due to injuries. You may miss out on holidays or other activities that make your life enjoyable. You are entitled to compensation for these losses. Loss of consortium and loss in enjoyment of life are also examples of damages that are not economic.
It is essential to seek immediate medical attention for any injuries that results from a crash involving the size of a truck. Not only will this help you stay healthy as well, but it can also be an important document for any future personal injury lawsuit. Even if your injury appears small, it's important to have a thorough evaluation. In time medical professionals can assess the extent of your injury and give you the proper treatment.
Then, your attorney will then review all evidence and then draft an official demand letter describing your demands for compensation. The lawyer will send the letter to the responsible parties and their insurance companies. Your lawyer will be prepared to go to trial if they are unable to adhere to your demands. This shows them that you're not planning to back down and they should treat you with respect if they want you to get fair compensation.
Also, be prepared for the at-fault party's insurance company to reach out to you regarding the collision and your injuries. They are often "wolves in sheep's clothing," and they'll try to get information from you, which they could make up out of context and use against you in court in order to reduce the amount you receive in settlement. You should avoid making statements that may be used against your interests by letting your attorney handle all communications with insurers and others.
Damages
Damages are the primary element of any truck accident claim. Damages can be economic (medical bills, lost wages) or non-economic (pain and suffering). All damage is caused by negligence. To be eligible for compensation the victim has to prove that the responsible party did not use reasonable care when operating or maintaining their vehicle or behaved recklessly on the road.
Due to the huge size and weight of these vehicles, victims can suffer devastating injuries even in minor of accidents. Even if your injuries aren't severe it is essential to seek immediate medical care. This will not only ensure your health, but it will also provide crucial documentation for any injury claim you might have. This will allow the insurance company to be aware of the full impact of your injuries. It could also hinder them from arguing you aren't as severely injured as you claim to be.
Similarly, california truck accident law firm is vital to keep records of all expenses associated with your accident. This will include any expenses you incur to get to doctor's appointments or other treatments and also any property damage sustained in the collision. This includes your car which could be totaled in a serious crash, and personal belongings such as watches and other jewelry.
It is typical for the liable party's insurance company to try to reach you after the crash to offer an offer of settlement. However, you should be wary of talking to them or agreeing to a settlement without consulting a seasoned truck accident attorney. They will usually try to convince you to accept lower offers that don't pay for your expenses resulting from the accident. A reputable lawyer will examine your records and give you a precise estimate of the value of your case.
In addition, your lawyer will be able to determine if additional damages are available such as punitive damages. These are damages that are designed to punish the person who committed the offense, and discourage others from engaging in similar behavior.