How to File a Truck Accident Claim
Most truck accidents are caused by inattention on the part of a truck driver or trucking company. The victims of injuries are typically required to bring a lawsuit to get full compensation for the accident-related expenses.
Medical bills are a cost that victims of truck accidents typically have to cover. Insurance companies may demand an independent medical examination to determine the severity of your injuries and their impact on your daily life.
Medical Care
If you're involved in a truck accident it is essential to seek immediate medical care to ensure your health and safety. In getting medical attention as soon as you can will make it easier for you to document the injuries you sustained in order to use them as evidence in your claim. It will also help you build an evidence-based case that proves your injuries resulted from the accident.
Medical expenses are a crucial aspect of any claim for personal injury. They provide evidence of the severity of your injuries and how they affected your life. Without solid documentation of your injuries, you may not be able claim the full amount of your injuries.
In some instances medical treatment may be so long that you're unable to work or resume the normal routine. When this happens you may be able to claim the loss of income. You could also be eligible to receive reimbursement for the cost of any assistive device you need to live the normal life.
As with all accidents, several parties could be accountable for an accident involving a truck. The parties that could be held accountable include:
Truck drivers: They can be either company employees with a contract to drive for an employer, or independent owner-operators. They operate their trucks for their own company or the shipper for whom they have a contract. Truck drivers who are negligent, reckless or engage in reckless driving may be held accountable for the cause of an accident.
Other drivers: If another driver's negligence led to the crash, that driver might be held liable. It is normal for other drivers to share the blame in truck accidents, particularly when the other party was driving recklessly or distracted.
The parties at fault may attempt to minimize your claim, by avoiding the blame, recording your statement against you, or tricking your into admitting fault. This is why it is important to work with a knowledgeable truck accident lawyer. Your lawyer will fight for your rights and will ensure that the liable party pays what you are owed.
Lost Wages
While fender-benders and parking lot scrapes are normal for cars that are driven by passengers, the same cannot be said about truck accidents. These crashes are more severe and more likely cause permanent disability and long-term injury. They also involve more weighty loads that could put the occupants in greater danger. There are several different kinds of truck drivers, such as owner-operators who own their own vehicles and contract with shippers to haul goods for a fee, or corporate drivers who operate the vehicles of their employers. Both of them can be held accountable for a crash that involves a commercial vehicle, depending on the circumstances surrounding the accident.
Anyone who suffers an injury from a truck accident that prevents the person from working could be eligible for compensation for lost wages. These are calculated in relation to the amount the money that they could have earned while they could not work because of their injuries. This includes not just regular wages, but also benefits like paid time off and overtime.
A judge is usually required to review the doctor's note prior to granting damages to the injured party for lost wages. The letter should explain the treatment plan as well as the reason why they were not able to get to work. A letter from the person's employer is also required. It confirms their hourly or salary wage, as well as the number of days they were unable to attend work due to their injury.
Once the evidence is gathered after which your lawyer will prepare a package of demands which outlines the amount you have lost due to the truck accident. The package will be sent out with an explicit message to the insurance company of the other driver detailing the details of the case as well as how you were injured. 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 most cases, a plaintiff may get compensation for lost wages under the liability bodily injury insurance. If this isn't an option an injured person could make a claim through their own insurance company for their automobile. The claim will be up to the limit of their personal injury protection insurance (PIP).
Suffering and Pain
Accidents involving trucks can cause emotional and physical pain as well as financial loss. These damages that are not economic are difficult to quantify, yet they merit compensation in the form of monetary. A skilled New York truck accident lawyer can examine your case and determine the worth of your non-economic damages.
Injuries can make you be unable to participate in your preferred hobbies or pastimes. You could also be missing going on vacations and other activities that enrich your life, and you deserve compensation for this loss. Other examples of non-economic losses include loss of consortium and loss of enjoyment of life.
It is imperative to seek prompt medical attention for any injury after a collision with large trucks. This will not only help you to maintain your health but also serve as an invaluable document for any future personal injury claims. Even if the incident appears minor, it's essential to undergo a thorough assessment. In time medical professionals can determine the extent of your injury and provide the proper treatment.
Your attorney will then review all evidence and then draft an official demand letter describing your compensation requirements. Your lawyer will send the letter to the party responsible and their insurance companies. If they do not agree to meet your demands your lawyer will be ready to bring them to court. This indicates that you are not willing to back down and that they must treat you with respect in the event that they want to pay you a fair compensation.
Be prepared for the insurance company of the party responsible to reach out to you regarding the collision and any injuries that you suffered. They're usually "wolves in sheepskins" and will attempt to convince you to provide them information that they could make up and use against your settlement in court. You can stay clear of making statements that could be used against your own interests by letting your attorney handle all communications with insurance companies and others.
Damages
Damages are the primary part of any truck accident claim. Damages can be economic (medical expenses and lost wages) or non-economic (pain and suffering). whittier truck accident lawyer are caused by negligence. Therefore, to receive compensation for these losses, the victim of injury must be able to prove that the liable person failed to exercise reasonable care when operating or maintaining their vehicle or acted recklessly on the road.
Due to the immense size and weight of these vehicles, the victims can sustain severe injuries even in minor of accidents. It is crucial to seek immediate medical attention even if your injuries appear to be minor. This will not only ensure your health, but will also give you the necessary documentation in the event of a possible injury claim. This will help your insurance company determine the extent of your injuries and can help them avoid arguing that you'ren't as injured as you claim.
In the same way, it is essential to keep track of all expenses incurred in connection with your accident. This includes any expenses you incur in order to get to doctor's appointments or other treatments, as well as any property damage that is incurred in the crash. This includes your car, which may be totaled in a serious crash and personal belongings such as watches and other jewelry.
Insurance companies are often contacted to offer a settlement soon after the crash. However, you should avoid talking to them or accepting a settlement without first consulting an experienced truck accident attorney. They often try to convince you to accept low-cost offers that don't adequately cover the expenses associated with an accident. A reputable lawyer can look over your documents and give you an accurate estimate of the worth of your case.
In addition, your lawyer will be able to determine whether any additional damages are available such as punitive damages. These are damages that are intended to penalize the perpetrator and discourage others from engaging in similar actions.