Truck Accident Compensation
You may be contacted by the insurance company of the driver, or by the company in the event that you have been the victim of a crash involving a truck. It is best to avoid speaking with them unless you have an attorney present.
In order to receive compensation, you must prove that the truck driver and/or company violated a duty of care and the breach led to the accident. The types of damages you may pursue include:
Medical expenses
The injuries sustained in a truck accident often require extensive medical care. This could result in costly hospital bills and prescription drug expenses. Many victims aren't able to pay for these expenses, and they remain in debt even after the accident. Injured crash victims can recover several damages, including their medical expenses.
Medical expenses are all out-of budget expenses that result from an injury. These can include X-rays MRIs and CT scans along with doctor visits and physical therapy sessions. Out-of-pocket expenses can also include the cost of items such as wheelchairs and crutches. It is important to keep track of all medical expenses. An experienced attorney can help you determine what expenses are admissible for compensation, and can help you make a claim for these expenses.
In general, the driver of the truck at the fault or their insurer should pay for your medical expenses. They won't pay for your medical expenses until you have resolved your case or the jury has awarded you compensation following an investigation. It could take many years and you'll be accountable for paying your medical bills out of pocket.
Insurance companies are in the business of saving money and will employ every trick they can to reduce their payouts. They may appear friendly and helpful but anything you say to them can be used against later. Always consult with a knowledgeable lawyer before speaking with any representatives of insurance companies.
A lawyer can help you navigate the claims process and fight for your right to complete compensation. In certain situations you may have to employ a medical expert to establish your injuries and the impact they have had on your life.
Suffering and pain
A semi-truck accident could cause serious injuries. These injuries are often life-changing and cause long-term suffering and pain.
Because truck accidents are so devastating, they are more emotionally devastating than crashes involving smaller vehicles. The victim's family and friends could also be impacted more severely for loss of income. If you have suffered serious injuries as a result of the accident of a truck, you may be able to pursue damages to compensate you for the physical pain and suffering you endured.
The amount you're entitled to receive as a part of your claim may differ. This is because it may be difficult to accurately assess the extent of your suffering and pain. There are guidelines that a judge or jury could use to determine the value of your injury. These include medical records, evidence of mental health treatment, diaries or other documentation of your day-to-day activities and statements from family members or friends about how the injury has affected them.
A spinal cord injury or a broken back can result in severe pain and mobility loss. These kinds of injuries can be life-threatening and require surgical repair and ongoing treatment. They can also cause other psychological and physical symptoms such as anxiety, depression, fear, shock, anger, insomnia or post-traumatic stress disorder (PTSD).
If the fault of the responsible party caused the accident, they need to be held accountable for the damages that you've sustained. This is true even if they were not driving at the time of the collision or 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 earnings if your injuries stop you from working for a lengthy period of time. This compensation is calculated in accordance with the amount of money you would have received had not missed work due to the injuries you sustained in an accident. It doesn't matter whether you utilized vacation or sick time. However, you'll need to prove your earnings and losses to the adjuster of your insurance. This evidence can be gathered by submitting a written document from your physician that specifies your medical condition and how much work you'll have to not miss, along with prior pay stubs and W-2s, and tax returns.
You can also claim damages if you suffer loss of enjoyment or quality of life. This is a type of compensation for injuries that hinder you from participating in your preferred pastimes or activities, such as traveling or doing hobbies. You can also claim back lost income if the injuries have stopped you from returning to the same type of employment in the future.
Although non-economic damages aren't as tangible than lost wages and other financial losses, they can be significant. Examples include pain and suffering and disfigurement or scarring, and loss of enjoyment of life. These kinds of damages can be significant for victims who have suffered severe injuries as a result of a crash involving a truck particularly if the injuries affect internal organs. In extreme circumstances, you might be able to claim punitive damages. These damages are meant to penalize the person responsible and discourage them from repeating the same reckless behavior. These kinds of damages aren't common but may be given when a truck driver has been 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. Many victims of truck accidents are worried about this because they might not be able to meet their daily expenses without the money they earned from their work. Your medical bills can also add up quickly. It is essential to hire a seasoned lawyer for truck accidents to ensure you receive the most amount of compensation possible for your losses.
If the negligence of the truck driver or the trucking company resulted in your injuries, you may be entitled to punitive damages in addition to the compensatory damages mentioned in the previous paragraphs. But, this isn't an easy claim to win. The law governing punitive damages is very strict. To receive this type of award, a plaintiff must establish that the trucking company or its driver was guilty of fraud or malice or committed willful misconduct.
In general juries award punitive damages as a way of punishing the perpetrators of wrongdoing. They also seek to convey a clear message that such conduct will not tolerated. If a jury determines that the driver of a truck was driving their vehicle under the impaired by drugs or speeding and the jury awards substantial punitive damages, they hope this will deter others from engaging in similar outrageous conduct in the future.
You must prove that the lapse was not an isolated incident, but rather a pattern of conduct or indifference. In this regard, many truck accident attorneys are not comfortable bringing a punitive damages claim based on boilerplate allegations of reckless behavior. In a recent case, for example the court dismissed the punitive damages claim against Garkusha who was driving a truck owned by Quality Logistics at the time of his crash with Plaintiff and Plaintiff, as the Plaintiff did not offer any evidence that Garkusha's conduct right before and during the incident showed a pattern or reckless indifference to the repercussions.
Damages to property caused by property
Due to their enormous size and weight semi-trucks, commercial vehicles, and other large-sized vehicles can cause more severe damage when they crash into smaller vehicles. Therefore, the victims of semi-truck accidents could be more severely injured and incur greater medical costs than victims in other vehicle accidents.
Keep meticulous documents of all costs and losses associated with your accident. This will help maximize the value of any claim. Note each expense, for example, if your injuries were caused by a truck accident, and you require multiple surgeries as well as outpatient treatment, physical therapy and prescription medication. Also in the event that your injuries have caused you to miss work, note your lost wages and future earning potential.
The documentation of all property damage is important. If your vehicle is damaged beyond repair or requires significant repairs, document the current value of the vehicle along with any other personal belongings that were damaged or destroyed in the accident. hampton truck wreck lawyer includes clothing, electronics furniture, furniture and other valuable items. It is also important to keep track of any costs incurred for renting a car or for travel to appointments with a doctor.
Insurance companies usually contact accident victims shortly after a crash to offer settlements before the victim has the chance to consult with a lawyer. These offers can be tempting but they do not pay victims for all of their cost of the accident. A knowledgeable attorney can assist you in avoiding a low settlement and ensure that the liable party pays for the full value 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 negotiate with the insurance company to ensure that you are awarded damages that reflect the actual value of your losses.