Truck Accident Compensation
When you are a victim of a truck crash, you may receive contact from the driver's or company's insurance provider. It is best to not talk to these individuals unless your attorney is present.
To obtain compensation you must prove that the truck driver and/or company violated a duty of care and that this breach caused your accident. You can seek damages for:
Medical expenses
The injuries caused by a truck crash often require extensive medical care. This can result in expensive medical bills and prescriptions. Many victims aren't able to pay these expenses and are left in debt after the accident. Injured crash victims can recover many damages, including their medical expenses.
Medical expenses are all out-of cost expenses incurred by an injury. These costs can include X rays, MRIs and CT scans as also doctor's visits as well as physical therapy sessions. The cost of wheel chairs and crutches could also be a part of out-of-pocket expenses. It is essential to keep track of all medical expenses and keep receipts. An experienced attorney can identify which expenses may be eligible for compensation and help you make a claim for these expenses.
Generally, the at-fault truck driver or their insurance policy must cover your medical expenses. They will not be able to pay your medical expenses until you've resolved your case, or the jury has awarded you compensation following the trial. This could take several years and you'll be responsible for the cost of medical bills out of your pocket.
Insurance companies are in the business of saving money and will employ every trick they can to reduce their payouts. Their representatives may appear friendly and helpful, but any statements you make to them can be used against you later. It is best to consult with an experienced legal advocate before speaking with any representatives from insurance companies.
Your lawyer can assist you navigate the claims process and fight for your rightful settlement. In some cases you may be required to hire a medical expert to establish your injuries and the impact they've had on your life.
Pain and suffering
A semi-truck accident could cause serious injuries. These injuries can have a life-altering effect and can cause pain and suffering for a long time.
Because truck accidents are destructive, they can be more emotional and stressful than crashes involving smaller vehicles. They also can have more consequences for the victim as well as their families, including the loss of income. If you've suffered severe injuries as a result of a truck crash you may seek compensation for your emotional and physical pain and suffering.
The amount you are entitled to receive for this part of your claim may differ. This is due to the fact that it can be difficult to accurately measure the extent of your suffering and pain. However, there are some guidelines that will help a judge or jury determine what your injury is worth. These include medical records, proof of mental health treatment, diaries or other records of your day-to-day activities and declarations from family and friends about how the injury has affected their lives.
Injuries such as a spine cord injury or broken back can result in severe mobility loss and pain. These injuries can be life-threatening and require continuous treatment and surgical repair. They can also cause physical and psychological symptoms like anxiety, depression, fear, anger, shock and insomnia. They can also trigger post-traumatic disorders (PTSD).
If the at-fault party's negligence caused the accident, they should be held accountable for the harm you have incurred. This is the case even if the driver was not at fault at the time of the accident for instance, if they were drunk or if they violated traffic or trucking laws. They may also be held responsible for punitive damage.
Loss of wages
You could be entitled to compensation for the loss of wages if your injuries prevent you from working for an extended period of time. The amount of compensation is based on the amount you could have earned had you not been unable to work due to the injuries you sustained in an accident. It doesn't matter that you took sick leave or vacation. You'll need to present proof to the insurance adjuster of your income and losses. This can be done by submitting a written document from your physician that specifies your medical condition and how much work you are required to not miss, along with prior pay stubs and W-2s, and tax returns.
It is important to remember that you are also able to claim damages for the loss of enjoyment and quality of life. This is compensation for injuries that prevent you from participating in your preferred activities or hobbies such as traveling. You may also be able to recover lost future income if your injuries have stopped you from returning to the same type of employment in the future.
While non-economic damage is less tangible than lost wages or other financial losses, they can be substantial. Some examples include suffering and pain and disfigurement or scarring, and loss of enjoyment life. These can be serious damages especially for those who suffered serious injuries as a result of a truck accident, particularly if injuries are internal organ-related. In extreme cases the possibility of punitive damages is available. These damages are designed to penalize the person responsible and discourage them from repeating the same rash behavior. These kinds of damages are extremely rare however they may be awarded when the truck driver was negligent or reckless.
Punitive damages
If your injuries hinder you from working in the same capacity, then you may be able to collect compensation for lost wages. This is a major issue for many victims of truck accidents because they might not be able to cover their everyday expenses without the income they were receiving from their jobs. In addition, your medical bills can mount up quickly. To ensure that you receive the highest amount of compensation for your losses, you'll need an experienced lawyer for truck accidents.
You may be entitled to punitive damages in addition to compensatory damages. This is not a simple claim to make. The law regarding punitive damages is very strict. A plaintiff must prove the trucking company or driver engaged in fraud, malice or willful misconduct to receive this type of award.
In general juries award punitive damages as a way of punishing criminals. They also want to send a clear message that such conduct will not tolerated. If a juror determines that a truck driver was driving their vehicle under the impaired by drugs or speeding and the jury awards hefty punitive damages, they hope that this will deter others from engaging in the same unacceptable conduct in the future.
It is essential to keep in mind that you must prove that the negligence was not just one instance, but rather an ongoing pattern of conduct or indifference. In this regard, many truck accident lawyers are not comfortable bringing a punitive damage claim solely based on boilerplate accusations of reckless conduct. In a recent case as an instance, the court disallowed a punitive damages lawsuit brought by Garkusha who was driving a Quality Logistics truck at the time of the crash with Plaintiff. The Plaintiff did not provide any evidence to show that Garkusha's behavior prior to and during the incident exhibited an attitude of indifference towards the consequences.
Damages to property caused by property
Due to their massive size and weight, semi-trucks, commercial trucks and other large vehicles can cause more serious damage when they crash into smaller vehicles. The result is that victims of semi-truck accidents may be more severely injured and incur higher medical expenses than those who suffer injuries in other vehicle accidents.
Keep meticulous documents of all costs and losses that are a result of your accident. This will enhance the value of any claim. For instance, if you have been injured in a collision with a truck and require multiple surgeries, outpatient procedures including physical therapy and prescription medications, record every expense. montgomery truck accident attorney lost wages, as well as any future earnings potential even if you've been off work because of injuries.
It is also important to document any property damage. Record the current value of your vehicle and any other personal belongings damaged or destroyed due to the accident. This includes electronic devices, clothing furniture, furniture, and other valuables. Also, if you've had to lease a vehicle or travel for doctor's appointments note the cost and note any other expenses associated with these trips.
Insurance companies reach out to victims immediately following a crash and offer settlements, before the victim has the opportunity to speak with an attorney. These offers can be tempting however, they don't pay victims for all of their accident-related expenses. An experienced attorney can assist you in avoiding a low settlement and in ensuring that the responsible party pays for the full amount of your case.
Your lawyer will collect and review all documents prior to giving them to the insurance company of the liable party as part your claim. They will also directly negotiate with the insurance company in order to receive damages that are fair and reflect your true value.