Truck Accident Compensation
You could be called by the insurance firm of the driver, or by the company when you are the victim of a crash involving a truck. It is advisable not to contact these people without your attorney present.
You must prove that the truck driver or the company did not meet their duty of care, and that this breach led to your accident. The types of damages that you can seek include:
Medical expenses
The injuries sustained in a truck accident typically require extensive medical treatment. This can result in expensive medical bills and prescriptions. Many victims struggle to cover these costs and end up in debt long after the accident occurs. Injured crash victims can recover various damages, including medical expenses.
Medical expenses refer to any out of pocket expenses resulting from an injury. These can include X-rays MRIs and CT scans and doctor visits and physical therapy sessions. The cost of crutches and wheel chairs could be included in out-of-pocket expenses. It is crucial to keep track of every medical expense and save receipts. An experienced attorney can identify what expenses are qualified for compensation and help you submit a claim to cover these losses.
In general, the truck driver at the fault or their insurance company should be able to cover medical expenses. However, they'll only pay when your case is settled or a jury awards you compensation after an appeal. This could take several years and you'll be accountable to pay your medical bills out of pocket.
Insurance companies are in the business of saving money, and will use every trick in the book to reduce their payouts. They may seem friendly and helpful but anything you say to them could be used against you later. Always consult an experienced lawyer before speaking to any representatives from insurance companies.
Your lawyer will help you navigate the claims process and help you fight for full settlement. In certain cases you may need to hire a medical expert to show your injuries and to determine the impact they've had on your life.
Suffering and pain
Being struck by a semi-truck could cause serious injuries. These injuries could be life-changing and cause suffering and pain for a long period of time.
citrus heights truck accident attorney are often more emotionally painful because they can be so devastating. They also have greater consequences for the victim as well as their family members, including loss of income. If you've suffered severe injuries due to the accident of a truck, you can sue for damages to compensate you for your physical pain and suffering.
The amount you are entitled to receive as a part of your claim might differ. This is because it's not always possible to accurately measure the degree of your suffering and pain. However, there are guidelines that will help a judge or jury decide what your injury is worth. These can include medical reports of your injuries, evidence of the mental health professionals' treatment diaries or other kinds of documentation about your day-today activities, as well as statements from family members or friends about how your injury has affected them.
Injuries such as a spine cord injury or a fractured back can cause severe discomfort and loss of mobility. These kinds of injuries are typically life-threatening and require surgical repair as well as ongoing treatment. They can also cause physical and psychological symptoms such as anxiety, depression, fear, shock, insomnia, anger or post-traumatic stress disorder (PTSD).
If the party who was negligent caused the accident, then they are responsible for any damages you suffered. This is the case even if the party at fault was not driving when the accident took place. For example that the person was drunk or violated traffic or trucking laws. They could also be held accountable for punitive damage.
Lost wages
If your injuries keep you from working for an extended time, you could be entitled to a reimbursement of lost wages. This compensation is based on the amount you could have earned if you hadn't been unable to work due to your injuries from accidents. It doesn't matter if you took sick days or vacation time. However, you'll have to provide proof of your earnings and losses to the adjuster of your insurance. This proof can be obtained through written documentation from your physician that specifies your medical condition and how much work you'll have to miss, as well as old pay stubs, W-2s and tax returns.
You can also seek damages if you suffer loss of enjoyment or quality of life. This is compensation for injuries that prevent you from doing your favorite pastimes or hobbies like traveling. You may also be eligible to get compensation for future income loss when your injuries hinder you from returning to a similar type of job in the future.
Non-economic damages can be as severe as the financial loss and loss of wages. Some examples include suffering and pain and disfigurement or scarring, and loss of enjoyment life. These damages can be significant, especially for victims who have suffered serious injuries as a result of a truck accident, especially if injuries are internal organ-related. In extreme cases there may be punitive damages available. These are designed to punish the at-fault party and deter them from engaging in similar reckless conduct in the future. These damages are rare but they may be awarded when the truck driver was particularly reckless or negligent.
Punitive damages
If your injuries keep you from working in the same capacity, then you may be able to collect compensation for lost wages. Many truck accident victims are worried about this, because they might not be able to cover their expenses without the money they received from their jobs. The medical bills you incur can increase quickly. You will require an experienced truck accident lawyer to ensure that you get the most compensation you can for your losses.
You may be entitled punitive damages, in addition to compensatory damages. However, this isn't an easy claim to win. The law on punitive damages is quite strict. To be eligible for this type of monetary award, the plaintiff must demonstrate that the trucking company or its driver was guilty of fraud or malice or committed willful conduct.
Generally juries award punitive damages in the hope of punishing wrongdoers and to send a message that such conduct is not acceptable. If a jury determines that truck drivers were operating their vehicle under the impaired by drugs or speeding, and the jury awards significant punitive damages, they hope this will deter others from engaging in similar outrageous conduct in the future.
You have to prove that the conduct was not a one-off incident, but a pattern of conduct and/or reckless indifference. Because of this, a lot of truck accident attorneys are not at ease bringing a punitive damages claim based solely on boilerplate claims of reckless conduct. In a recent case as an instance, the court struck down the punitive damages claim made by Garkusha who was driving a Quality Logistics truck at the time of the collision with Plaintiff. The Plaintiff had failed to provide any evidence that Garkusha's actions before and during the incident showed the pattern of reckless disregard towards the repercussions.
Damages to Property Damage
Semi-trucks, trucks and other large vehicles, due to their weight and size can cause more serious injury when they collide with smaller vehicles. The result is that victims of semi-truck accidents could suffer more severe injuries and incur more medical expenses than those who suffer injuries in other vehicle accidents.
To maximize the value of your claim it is vital to keep careful records of all accident-related expenses and losses. Note each expense, such as when your injuries were brought on by a car accident and you require multiple surgeries as well as outpatient treatment including physical therapy, as well as prescription medication. Note your lost wages and also any future earnings potential, in the event that you missed work due to your injuries.
Recording all property damage is important. If your vehicle is damaged beyond repair or requires major repairs, document the current value of the vehicle along with any other personal items that were damaged or destroyed in the accident. This includes items like electronics, clothing, furniture, and other valuable items. It is also important to keep track of any costs you pay for renting a car or traveling to doctor's appointments.
Insurance companies often contact victims of accidents shortly after an accident to offer settlements prior to the victim has the chance to consult with a lawyer. These offers are tempting, but they do not provide compensation for the entire cost of the accident. An experienced attorney can help you reject an offer for a small settlement and ensure that the liable party pays the full amount of your claim.
Your attorney will collect and review all the necessary documentation before making it available to the responsible parties' insurance company 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.
