Truck Accident Compensation
You could be called by the insurance firm of the driver, or by the company if you're the victim of a truck accident. It is advised to not talk to them unless you have an attorney present.
In order to receive compensation to claim compensation, you must show that the truck driver or company acted in breach of their duty of care and this breach caused your accident. The kinds of damages that you can seek include:
Medical expenses
The injuries that result from a truck accident typically require extensive medical treatment. This could result in high medical bills and prescriptions. Many victims struggle to cover these costs and remain in debt long after the crash occurs. Accident victims who are injured can claim a range of damages, including their medical expenses.
Medical expenses include all out-of pocket costs incurred due to an injury. These expenses can include X-rays, MRIs and CT scans, as along with doctor's visits and physical therapy sessions. In addition, out-of pocket expenses can include the cost of items like wheelchairs and crutches. It is crucial to record the medical expenses of all patients and keep receipts. An experienced attorney can assist you determine the expenses that are eligible for compensation.
Generally, the at-fault driver or their insurance policy must cover your medical expenses. They won't pay for your medical expenses until you've resolved your case or a jury has awarded you compensation following the trial. This can take many years and you will be responsible to pay your medical bills out of your pocket.
Insurance companies are in business to make money and use any trick that they can find to cut their payouts. They may appear friendly and helpful but anything you say to them will be used against you later. Always consult with a knowledgeable lawyer before speaking to any representatives from insurance companies.
Your lawyer can help you navigate the claims process and fight for your right to full settlement. In certain situations you may have to employ a medical expert to demonstrate your injuries and the impact they've had on your life.
Pain and suffering
Getting hit by a semi-truck could cause serious injuries. These injuries can be life-changing and cause discomfort and suffering for a long period of time.
Truck accidents can be emotionally painful because they can be so devastating. The victim and family are also more likely to suffer the consequences like loss of income. If you've suffered severe injuries due to a truck accident, then you can claim damages to be compensated for the physical pain and suffering you endured.
The amount you're entitled to receive for this part of your claim might vary. This is because it can be difficult to determine the exact amount of the extent of your suffering and pain. There are guidelines that judges or jury could follow to determine the worth of your injury. These include medical records, proof of mental health treatment, diaries, or other records of your daily routine and statements from your family or acquaintances about how the injury has affected them.
Broken spine or damage to the spinal cord can cause life-threatening pain and loss of mobility. These types of injuries can be life-threatening and require surgical repair as well as ongoing treatment. They can also trigger physical and psychological symptoms like anxiety, depression, or fear, anger, shock, insomnia or post-traumatic disorder (PTSD).
If the negligence of the party at fault caused the accident, they need to be held accountable for the damage you've incurred. This is even if they were not driving at the time of the collision or were drunk or had were in violation of traffic laws or trucking laws. They may also be held responsible for punitive damages.
Lost wages
If your injuries keep you from working for an extended time, you could be entitled to compensation for the lost wages. This compensation is based on how much you could have earned if not missed work because of your injuries from accidents. It doesn't matter whether you took sick time or a vacation. You'll need to present evidence to the adjuster of your losses and income. This evidence can be gathered through a written statement from your physician, which details your medical condition and how much work you should not miss, along with previous pay stubs, W-2s, and tax returns.
It is important to remember that you may also be able to be able to claim damages for loss of enjoyment and quality of life. This compensation is for injuries that hinder you from participating in your preferred pastimes or hobbies, such as travelling. You can also recuperate future income losses when your injuries hinder you from returning to the same kind of job in the future.
Although non-economic damages aren't as tangible than lost wages or other financial losses, they can still be substantial. santa clara truck accident lawsuit include discomfort and pain as well as disfigurement or scarring, and loss of enjoyment in life. These damages can be substantial particularly for those who suffered serious injuries in a car accident, particularly if injuries are internal organ-related. In extreme circumstances, punitive damages may be available. These damages are intended to punish the party responsible and discourage them from repeating the same reckless conduct. These are not typical damages, but can be granted when the truck driver is particularly reckless or negligent.
Punitive damages
You could be eligible for compensation for loss of wages if your injuries prevent you working in the same capacity. This is a major concern for many victims of truck accidents since they might not be able to pay for their expenses on a daily basis without the income they earn from their work. Your medical bills can also get expensive quickly. To ensure you receive the maximum compensation for your losses, it is essential to hire an experienced truck accident attorney.
If the negligence of the truck driver or the trucking company resulted in your injuries, you might be entitled to punitive damages in addition to the compensatory damages mentioned in the previous paragraphs. This isn't a straightforward claim. The law on punitive damages is extremely strict. A plaintiff must establish that the trucking company or driver was guilty of fraud, malice or willful misconduct to collect the amount of money awarded.
In general juries award punitive damages in an effort to punish those who have committed wrong and send a message that this type of conduct will not be tolerated. For example in the event that a jury decides that the driver of the truck was operating their vehicle under the influence of intoxicants or speeding up, the hope is that the significant punitive damage award will deter others from engaging in this sort of conduct in the future.
It is important to note that you must prove the negligence was not a single incident but rather a recurring pattern of conduct or reckless indifference. Many truck accident lawyers are reluctant to bring a punitive damage claim based solely on a boilerplate accusation of reckless conduct. In a recent case for instance the court ruled against the punitive damages claim brought against Garkusha, who was driving a truck owned by Quality Logistics at the time of his crash with Plaintiff as the Plaintiff failed to present any evidence that Garkusha's conduct right before and during the accident displayed an unintentional disregard to the consequences.
Damages to property caused by property
Due to their size and weight semi-trucks, commercial trucks, and other large-sized vehicles can cause more serious damage when they collide with smaller vehicles. In turn, the victims might suffer more extensive injuries and more expensive medical bills than other victims of collisions with vehicles.
Keep meticulous logs of all expenses and losses related to your accident. This will enhance the value of any claim. For instance, if have been injured in a crash involving a truck and require multiple procedures, surgeries or physical therapy, as well as prescription drugs, note each expense. Also should you note if your injuries caused you to miss work, write down your lost wages and future earnings potential.
It is also crucial to document any damage to property. If your vehicle is destroyed completely 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, and other valuables. It is also important to keep track of any costs related to renting a vehicle or for travel to doctor's appointments.
Insurance companies reach out to victims shortly after an accident and offer settlements prior to when the victim is able to speak with an attorney. These offers can be tempting however, they don't compensate victims for their full expense resulting from the accident. A knowledgeable attorney can assist you in avoiding a low settlement and in ensuring that the responsible party is compensated for the entire amount of your case.
Your lawyer will gather and review all documentation needed before submitting it to the liable parties' insurance company as part of your claim. They will also direct negotiate with the insurance company to get damages that are fair and reflect the true value.