How to File a Truck Accident Claim
The majority of truck accidents happen due to negligence on the part of a trucker or trucking company. The injured victims usually have to file a lawsuit in order to get full compensation for the injuries and expenses resulting from accidents.
Medical bills are a cost that victims of truck accidents often need to pay. The insurance company for the responsible party might require an independent medical examination in order to get a clear picture of your injuries and how they affect your daily life.
Medical Care
You must seek immediate medical attention after a truck accident to ensure your safety and health. If you seek medical attention as fast as you can will allow you to record your injuries so that you can use them as evidence in your claim. It will also assist you to build a stronger case to prove that your injuries resulted from the crash.
Medical expenses are an important element of any claim involving personal injury. They demonstrate the severity of your injuries and how they have affected your life. Without a solid record of your injuries, you could not be able claim the full amount of compensation for all your losses.
In some instances medical care may be so extensive that it stops you from working or returning to normal activities. In this scenario, you may be entitled to compensation for your loss of income. Additionally, you may be eligible for reimbursement for the costs of any assistive devices you need in order to make your life in the most normal way possible.
In the event of an accident the parties involved could be accountable for the cause of a truck crash. They include:
Truck drivers: Truck drivers can be employees of companies who are under a contract to work for a certain employer or independent owner-operators who operate their trucks for themselves or a shipping company they contract with. If truck drivers are negligent or reckless, or performing unsafe activities on the road, they can be held responsible for causing the crash.
Other drivers: If a driver's negligence led to an accident, that driver could be held responsible. It is not uncommon for other drivers to share liability in truck accidents, specifically when the other driver was driving in a reckless manner or was distracted.
The parties at fault may attempt to deny your claim by trying to minimize the blame, recording your statements against you, or bribing you into admitting to fault. This is why you should to work with an experienced truck accident lawyer. Your lawyer will fight for your rights and make sure that the responsible party pays what you are owed.
Lost Wages
Accidents with trucks aren't the commonplace. These accidents are more serious and are more likely to result in permanent injuries and disabilities. These crashes also involve heavy loads, which can make the occupants more vulnerable. There are deltona truck accident law firm of truck drivers, which include owner-operators who own their own vehicles and contract with shippers to transport goods for a fee, or corporate drivers who drive vehicles that are owned by their employers. Both of them can be held accountable in the event of a collision involving commercial vehicles, based on the circumstances of the incident.
Anyone who is injured in a truck crash and cannot work may receive compensation for lost wages. These are calculated by the amount of the money they could have earned in the time they could not work because of their injuries. This includes regular pay and benefits like paid time off or overtime.
A judge typically reviews the doctor's report prior to awarding damages to the person who was injured for lost wages. The letter should describe the treatment plan and also as the reason they were unable to be able to work. A letter from the individual's employer is also required. It is proof of their hourly or monthly wage, as well as the number of days they were unable to go to work due to their injury.
Once all the evidence is obtained after which your lawyer will draft an offer letter that outlines how much you have suffered as a result of the truck crash. This is sent to the insurer of the other driver. The package includes a clear message that states the facts of the case, how you were injured and the amount you're seeking. There could be back and forth communication during this negotiation process, and if an agreement is not reached, your attorney will start a lawsuit on your behalf.
In the majority of cases, a plaintiff may get the compensation for lost wages via the bodily injury liability. If it is not available, a person who was injured by an uninsured or underinsured driver can file a claim through their own car insurance company up to their personal injury protection (PIP) coverage limit.
Pain and Suffering
In addition to financial losses Truck accidents typically cause significant emotional and physical pain. These non-economic losses are typically difficult to estimate a dollar value on, but they still warrant monetary compensation. A New York truck accident attorney will review your case to determine the value of your noneconomic damages.
One good example of an economic loss is the inability to pursue hobbies or engage in favorite pastimes due to injuries. It is also possible to miss out on vacations, or other activities that make life enjoyable, and you deserve compensation for this loss. Other examples of non-economic losses include loss of consortium and loss of enjoyment of life.
If you've been injured in a collision with a large truck, it is important to seek medical attention immediately. This will not only ensure your health, but it will also serve as a crucial document for any future personal injury claims. It is also essential to undergo an extensive medical examination, even if your injuries appear to be minor at the time. In time, medical professionals can determine the extent of your injury and offer you the appropriate treatment.
Your attorney will then review all evidence and then draft the demand letter detailing your needs for compensation. Your lawyer will then forward the demand letter to the at-fault parties and their insurance companies. Your lawyer will be able to take them to trial if they do not accept your demands. This will show them that you are not going to compromise and they must treat you with respect if they want you to get fair compensation.
Be prepared for the insurance company of the party at fault to reach out to you regarding the accident and any injuries you suffered. They are often "wolves disguised as sheep" and will attempt to obtain information from you that they may twist out of context and use against you in court to minimize your settlement. You can avoid making statements that could be used against your own interests by letting your attorney handle all communications with insurers and other parties.
Damages
The most important thing to consider is the damages part of any truck accident claim. They could be financial like medical bills and lost wages, or non-economic such as suffering and pain. All damages are caused by negligence. To receive compensation the victim must prove that the person responsible did not take reasonable care while operating or maintaining their vehicle or was reckless while driving.
Even minor accidents could cause catastrophic injuries due to the size and weight. It is crucial to seek immediate medical attention even if the injuries seem to be minor. This will not only safeguard your health, but will also provide important documentation for any injury claim that could be filed. This will help the insurance company know the full extent of your injuries and may keep them from arguing that you're not as injured as you claim.
Additionally, it is crucial to keep track of all expenses associated with your accident. You will need to keep an eye on any travel costs you incur to make it to appointments with your doctor and other treatments. Also, any property damage that is caused by the accident. This includes your vehicle which could be ruined, as well as other personal items like watches and jewelry.
Insurance companies are often contacted to offer you a settlement quickly after the crash. You should not speak to them or accept a settlement prior to consulting with an experienced truck accident lawyer. They will usually try to convince you to accept lower offers that do not cover your accident-related costs. A lawyer with experience will be able review your records to give you an accurate estimate of the case.
Your lawyer will also be able determine if additional damages, like punitive damages, are available. These are damages that are designed to punish the perpetrator, and discourage others from engaging in similar behavior.