Truck Accident Compensation
If you're a victim of a truck crash You may get a call from the insurance provider of the driver or company's provider. It is advisable not to contact these people without your attorney present.
In order to receive compensation You must prove that the truck driver or company breached their duty of care and that the breach led to the accident. The types of damages you may pursue include:
Medical expenses
The injuries suffered in a collision with a truck often require extensive medical care. This can result in costly medical bills and prescriptions. Many victims struggle to pay these costs and remain in debt long after the incident occurs. Fortunately, injured crash victims can claim a variety of damages including medical expenses.
Medical expenses cover all out of budget expenses that result from an injury. These expenses may include X-rays, MRIs and CT scans, as along with doctor's visits and physical therapy sessions. The cost of wheelchairs and crutches can be included in out-of-pocket expenses. It is crucial to keep an eye on all medical expenses. An experienced attorney can assist you determine which expenses are eligible for compensation.
In general, the truck driver at fault or their insurance should be able to cover medical expenses. However, they will only do so if your case is settled or a jury decides to award you compensation following an appeal. This could take a long time and you'll be responsible for paying your medical bills out of pocket.
Insurance companies are in the business of saving money and will employ every trick in the book to reduce their payouts. They may appear friendly and helpful but anything you say to them could be used against you in the future. Always consult an experienced lawyer before speaking with any representatives from insurance companies.
Your lawyer can guide you through the claims process and assist you to fight for the full compensation. In some instances it is necessary to hire a medical professional or other professional to demonstrate the extent of your injuries and how they have affected your life.
Suffering and pain
A semi-truck accident could cause serious injuries. These injuries are often life-altering and cause long-term suffering and pain.
Truck accidents are often more emotional because they are so devastating. They also have greater consequences for the victim as well as their family members, such as loss of income. If you've suffered serious injuries as a result of a collision with a truck you may seek compensation for your emotional and physical pain and suffering.
The amount of money that you are entitled to in this section of your claim will vary. This is due to the fact that it can be difficult to accurately assess the amount of pain and suffering you endured. However, there are guidelines that can assist a judge or jury decide how much your injury is worth. These include medical records, evidence of mental health treatment, diaries or other records of your daily routine and statements from your family or friends about how the injury has affected them.
Injuries like a fractured spine or damage to the spinal cord can cause life-altering pain and loss of mobility. These kinds of injuries are typically life-threatening and require surgical repair and ongoing treatment. They can also trigger physical and psychological symptoms, like anxiety, depression or fear as well as shock, anger, insomnia or post-traumatic disorder (PTSD).
If the negligence of the party at fault led to the accident, they need to be held accountable for the harm that you've sustained. This is true even if they didn't drive at the time of the collision, such as if they were intoxicated or they violated traffic or trucking laws. They can also be held liable for punitive damage.
Lost wages
You may be entitled to compensation for the loss of wages if injuries keep you from working for an extended period of time. The amount of compensation is according to the amount you would have received had you not been unable to work due to your injuries from accidents. It doesn't matter whether you took sick leave or a vacation. You will have to provide evidence to the adjuster of your earnings and losses. This can be accomplished by obtaining a written document from your doctor that details your medical condition and the length of time you'll be absent from work, and your previous pay stubs.
You may also seek damages if you suffer a loss of enjoyment or quality of life. This is a type of compensation for injuries that stop you from participating in your preferred pastimes or activities, like traveling or engaging in hobbies. You may also be able to get compensation for future income loss in the event that your injuries prevent you from returning to a similar job in the future.
Non-economic damage can be as serious as financial losses and lost wages. Examples include pain and suffering as well as disfigurement or scarring and loss of enjoyment life. These damages can be significant, especially for victims who suffered serious injuries from a truck accident, particularly if the injuries are internal organ-related. In extreme circumstances it is possible to claim punitive damages. These damages are intended to punish the party at fault and discourage them from repeating the same reckless behavior. These kinds of damages aren't common but may be awarded when the truck driver has been particularly reckless or negligent.
Punitive damages
You could be eligible for compensation for loss of wages if injuries prevent you from working in the same capacity. Many truck accident victims are worried about this, since they may not be able to meet their daily expenses without the income they earned from their job. Your medical expenses can add up quickly. To ensure that you get the most compensation for your losses, you'll need an experienced truck accident attorney.
If the negligence of the truck driver or the trucking company caused your injuries, you may be entitled to punitive damages in addition to the compensatory damages mentioned in the previous paragraphs. However, this is not an easy claim to be successful. The law regarding punitive damages is extremely strict. A plaintiff must prove that the trucking company or driver committed fraud, malice, or willful misconduct to claim this type of monetary award.
In general, juries award punitive damage as a way of punishing the perpetrators of wrongdoing. They also wish to convey a clear message that such behavior will not be tolerated. If a jury decides that the truck driver was driving their vehicle under the influence of drugs or speeding, and the jury awards significant punitive damages, they hope that they will deter others from engaging in similar shocking conduct in the near future.
It is important to note that you have to prove that the negligence was not one incident and not a continuous pattern of conduct or reckless indifference. In this regard, many truck accident lawyers are not comfortable bringing a punitive damages claim solely based on boilerplate accusations of reckless behavior. In a recent instance, for example the court dismissed the punitive damages claim brought against Garkusha who was driving a truck owned by Quality Logistics at the time of his crash with the Plaintiff, because the Plaintiff did not present any evidence that Garkusha's behavior right before and during the crash showed an unintentional disregard to the consequences.
Damages for 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. As a result, victims could suffer more severe injuries and greater medical costs as compared to other vehicle accidents.
To maximize the value of your claim, it is important to keep careful records of all expenses related to accidents and losses. Document each expense, for example, if your injuries were caused by a car accident and you require multiple surgeries as well as outpatient treatment including physical therapy, as well as prescription medications. Record your lost wages, as well as any future earnings possibilities if you have missed work due to injuries.
The documentation of all property damage is equally important. If your vehicle is destroyed completely or requires major repairs, record the current value of the vehicle with any other personal items that were damaged or destroyed in the accident. This includes electronics, furniture and clothing, as well as other valuable items. You should also keep track of any costs incurred for renting a car or for travel to appointments with a doctor.
Insurance companies contact accident victims shortly after an accident and offer settlements before the victim has the opportunity to speak with an attorney. These offers may be tempting, however, they don't compensate victims for their entire cost of the accident. A knowledgeable attorney can assist you in avoiding a low settlement and ensuring that the liable party pays for the entire value of your case.
Your lawyer will collect and review all documentation prior to submitting them to the insurance company of the liable party as part your claim. miramar truck accident law firm will also work directly with the insurance company in order to receive damages that are fair and reflect the actual value.