Truck Accident Compensation
If you're the victim of a truck collision you could receive a call from the insurance company or driver's provider. It is recommended to not talk to the insurance company unless you have an attorney present.
You must prove that a truck driver or company did not meet their duty of care, and that the negligence caused your accident. You can claim damages for:
Medical expenses
Injuries sustained in a truck accident often require extensive medical treatment. This can result in expensive hospital bills as well as prescription drug costs. Many victims struggle to pay these costs and end up in debt long after the crash occurs. Fortunately, injured victims of crashes can claim a variety of damages including medical expenses.
Medical expenses include all out-of pocket costs incurred due to an injury. These costs can include X-rays, MRIs and CT scans as also doctor's visits as well as physical therapy sessions. The cost of crutches and wheel chairs can be included in out of pocket costs. It is important to keep track of all medical expenses. A skilled attorney can help you determine which expenses are eligible for compensation.
In general, the truck driver at the fault or their insurance company should pay for your medical expenses. They will not pay your medical expenses until you've resolved your case, or the jury has awarded you compensation following the trial. This can take a long time and, in the meantime you'll need to pay for your medical expenses out of your own pocket.
Insurance companies are in business to cut costs and will employ any method that they can find to lower their payouts. They may appear nice and helpful, however anything you tell them can be used against later. Always consult a lawyer with experience before speaking with any representatives of insurance companies.
Your lawyer can assist you with the claims process and help you get your full settlement. In some instances you may be required to engage a medical professional to demonstrate your injuries and the impact they have had on your life.
Suffering and pain
A semi-truck collision could cause serious injuries. These injuries can be life-changing and can cause long-term pain and suffering.
Because truck accidents are so devastating, they can be more emotional than accidents which involve smaller vehicles. The family members of the victim are also more likely to suffer the consequences, such as lost income. If you've suffered from serious injuries as a result of a truck crash you may be able to seek damages for your physical and emotional pain and suffering.
The amount you could be entitled to for this portion of your claim may vary. This is because it's not always feasible to accurately determine the severity of your suffering and pain. However, there are some guidelines that can assist a judge or jury determine what your injury is worth. These include medical records, evidence of mental health treatment, diaries, or other records of your day-to-day activities and statements from family members or acquaintances about how the injury has affected them.
Injuries such as a spine cord injury or a broken back can cause extreme mobility and pain. These types of injuries are generally life-threatening and require surgical repair and ongoing treatment. They can also trigger physical and psychological symptoms, like depression, anxiety or fear, anger, shock and insomnia. They can also trigger post-traumatic disorders (PTSD).
If the fault of the responsible party led to the accident, they need to be held accountable for the damage you have incurred. This is the case even if at-fault party was not driving when the accident took place. For instance when the driver was intoxicated or had a violation of traffic or trucking laws. They could also be held accountable for punitive damages.
Lost wages
If your injuries stop you from working for an extended time, you could be entitled to recover lost wages. The amount of compensation is based on the amount of money you could have earned had you not missed work because of your injuries from accidents. It doesn't really matter whether you took sick time or vacation. You will have to provide proof to the insurance adjuster of your income and loss. This can be accomplished by obtaining a document written from your physician that outlines your medical condition and the time you will miss at work, and any previous pay receipts.
You can also claim damages in the event of a loss of enjoyment or quality of life. This compensation is for injuries that stop you from engaging in your favorite pastimes or hobbies like traveling. It is also possible to get compensation for future income loss in the event that your injuries prevent you from returning to a similar kind of job in the future.
While non-economic damage is less tangible than lost wages or other financial losses, they can still be substantial. Examples include discomfort and pain scarring or disfigurement, as well as loss of enjoyment in daily life. These kinds of damages can be significant for those who sustained serious injuries as a result of a truck crash particularly when the injuries are to internal organs. In extreme cases, you might be able to claim punitive damages. These damages are meant to punish the person who was at fault and discourage them from repeating the same reckless behavior. These types of damages are not common however, they can be awarded when the truck driver was particularly negligent or reckless.
Punitive damages
You may be entitled to compensation for your loss of wages if your injuries prevent you working in the same capacity. Many truck accident victims are concerned about this, because they may not be able to meet their daily expenses without the income that they earned from their work. Medical bills can get expensive quickly. You need an experienced truck accident lawyer to ensure that you get the most amount of compensation possible for your losses.
You could be entitled to punitive damages in addition to compensatory damages. But, this isn't an easy claim to win. The law on punitive damages is quite strict. To receive this type of monetary award, a plaintiff must prove that the trucking company or its driver committed fraud or malice, or committed a willful infractions.
In general juries decide to award punitive damages in an effort to punish those who have committed wrong and send a message that such conduct is not acceptable. For example in the event that a jury decides that the driver of the truck was operating the rig under the influence of a drug or speeding, the goal is that the substantial punitive damage award will deter others from engaging in this sort of behavior in the future.
It is crucial to remember that you must prove that the negligence was not one incident and not a continuous pattern of conduct or indifference. delaware truck accident lawsuit is why a lot of truck accident lawyers aren't at ease bringing a punitive damages claim solely based on boilerplate accusations of reckless conduct. In a recent case, for instance the court rejected the punitive damages claim against Garkusha, who was driving a truck owned by Quality Logistics at the time of his collision with Plaintiff and Plaintiff, as the Plaintiff did not provide any evidence that Garkusha's actions prior to and during the accident displayed the pattern of reckless disregard to the consequences.
Damages for Property Damage
Semi-trucks, trucks, and other large vehicles due to their weight and size can cause more severe damage when they collide with smaller vehicles. Consequently, victims may be more severely injured and incur greater medical costs than those who suffer from other collisions with vehicles.
Keep meticulous records of all expenses and losses related to your accident. This will increase the value of any claim. For instance, if you have been injured in a car accident and require multiple surgeries, outpatient procedures such as physical therapy, prescription drugs, note each expense. Document your lost wages, and any future earnings potential, in the event that you missed work because of injuries.
It is also crucial to document any property damage. If your car is a total loss or requires significant repairs, record the current value of the vehicle with any other personal items that were damaged or destroyed during the accident. This includes electronics, furniture clothing, and other valuables. It is also important to keep track of any costs you pay for renting a car or going to appointments with a doctor.
Insurance companies contact victims of accidents soon after a crash and offer settlements prior to when the victim has the opportunity to speak with an attorney. Although these offers can be appealing, they typically do not fully compensate victims for all of their expenses related to accidents. A knowledgeable attorney can assist you in avoiding accepting a low settlement offer and ensure that the liable party is fully responsible for the value of your claim.
Your attorney will gather and review all documents prior to submitting them to the insurance company of the liable party as part of your claim. They will also negotiate directly with the insurance company in order to receive damages that are reasonable and reflect the real value.
