Truck Accident Compensation
You could be approached by the insurance company of the driver or company when you are the victim of a truck accident. It is best to avoid speaking with these individuals unless you have an attorney present.
You must prove that the truck driver or the company violated their duty of care, and that the breach caused your accident. You can claim damages for:
Medical expenses
The injuries suffered in a collision with a truck typically require extensive medical treatment. This can result in expensive hospital bills as well as prescription costs. Many victims are unable to pay for these costs and remain in debt after the accident. Victims of accidents that injured them can claim many damages, including their medical expenses.
Medical expenses can include out-of-pocket costs related to an injury. These expenses could include X-rays, MRIs and CT scans, as along with doctor's visits and physical therapy sessions. The cost of crutches and wheel chairs can also be included in out-of-pocket costs. It is essential to keep track of every medical expense and save receipts. A skilled attorney can determine the expenses that are suitable for compensation and assist you file a claim for these expenses.
In general, the driver of the truck at the fault or their insurance company should be responsible for medical expenses. However, they'll only pay when your case settles or a jury decides to award you compensation following an appeal. This can take years, and during that time, you'll need to pay for medical expenses out of your own pocket.
Insurance companies are in business to make money and employ any method to their advantage to reduce their payouts. Their representatives can sound welcoming and helpful, but any statement you make to them may be used against you later. Always consult an experienced lawyer before speaking to any representatives of insurance companies.
Your lawyer will assist you with the claims process and assist you fight for your full compensation. In certain cases it is possible to engage a medical professional or other professional to demonstrate the extent of your injuries and how they've affected your life.
Suffering and pain
A semi-truck accident could cause serious injuries. These injuries can be life-changing and can cause long-term pain and suffering.
Truck accidents can be emotionally traumatic because they are so devastating. They also have greater consequences for the victim as well as their families, including the loss of income. If you've sustained serious injuries from a truck accident and you're seeking damages for your emotional and physical suffering and pain.
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 your pain and suffering. However, there are guidelines that can help a judge jury decide what your injury is worth. These include medical records, proof of mental health treatment, diaries or other records of your daily routine and statements from family or acquaintances about how the injury has affected them.
An injury such as a spinal cord injury or broken back can cause extreme pain and mobility loss. These injuries are usually life-threatening, and require ongoing treatment and surgical repair. They can also cause physical and psychological symptoms such as depression, anxiety, fear, shock, insomnia, anger, or post-traumatic stress disorder (PTSD).
If the at-fault party's negligence led to the accident, they need to be accountable for the injuries you have incurred. This is true even if the party at fault was not driving at the time the accident took place. For instance, if the person was drunk or had a violation of traffic or trucking laws. They could also be held accountable for damages for punitive damage.
Lost wages
You could be entitled to compensation for your loss of wages if your injuries keep you from working for an extended period of time. The amount of compensation you receive is determined by the amount you could have earned if you hadn't been unable to work because of accident-related injuries. It doesn't matter that you took sick leave or a vacation. However, you'll have to prove your earnings and losses to the insurance adjuster. This proof can be obtained by submitting a written document from your doctor that outlines your medical condition and the amount of work you are required to be unable to perform, as well as the previous pay stubs, W-2s, and tax returns.
You may also seek damages if you experience a loss of enjoyment or quality of life. tustin truck accident attorney is compensation for injuries that hinder you from enjoying your favorite pastimes or hobbies like traveling. It is also possible to get compensation for future income loss if your injuries prevent you from returning to a similar type of job in future.
While non-economic losses are less tangible than lost wages or other financial losses, they can still be substantial. Examples include pain and discomfort as well as disfigurement or scarring, and loss of enjoyment in daily life. These damages can be significant especially for those who suffered serious injuries in a car accident, especially if the injuries are internal organ-related. In extreme circumstances, punitive damages may be available. They are intended to punish the at-fault party and deter them from engaging in similar reckless behavior in the future. These damages are rare however, they can be awarded when the truck driver was notably reckless or negligent.
Punitive damages
If your injuries prevent you from working in the same capacity, you might be eligible to receive compensation for the loss of wages. Many truck accident victims are worried about this as they may be unable to meet their daily expenses without the income they received from their jobs. In addition, your medical bills can add up quickly. It is essential to hire a seasoned lawyer for truck accidents to ensure that you receive the most amount of compensation you can for your losses.
If the negligence of the truck driver or trucking company resulted in your injuries, you might be entitled to punitive damages in addition to the compensatory damages outlined above. This is not an easy claim. The law on punitive damages is extremely strict. To be eligible for this type of award, a plaintiff must prove that the trucking company or its driver committed fraud or malice or committed willful infractions.
In general, juries award punitive damage in order to penalize the perpetrators of wrongdoing. They also wish to convey a clear message that such conduct will not tolerated. If a jury finds that truck drivers were driving their vehicle under the influence of drugs or speeding and the jury awards hefty punitive damages, they hope that they will deter others from engaging in this unacceptable conduct in the future.
It is crucial to remember that you have to prove that the negligence was not just a single incident, but rather an ongoing pattern of conduct or indifference. This is why a lot of truck accident lawyers aren't confident in bringing a punitive damages claim solely based on boilerplate accusations of reckless conduct. In a recent case, for example the court rejected the punitive damages claim made against Garkusha who was driving a truck owned by Quality Logistics at the time of his crash with the Plaintiff, based on the fact that the Plaintiff did not provide any evidence that Garkusha's actions right before and during the incident showed a pattern or a lack of attention to the repercussions.
Damages for Property Damage
Due to their huge size and weight, semi-trucks, commercial trucks and other large vehicles may cause more serious damage when they collide with smaller vehicles. Consequently, victims may be more severely injured and incur higher medical expenses than those who suffer from other vehicle accidents.
To maximize the value of your claim it is essential to keep a detailed record of all accident-related expenses and losses. For instance, if you were injured in a collision with a truck and require multiple surgeries, outpatient procedures including physical therapy and prescription medication, keep track of each expense. Also should you note if your injuries caused you to miss work, note your lost wages and future earnings potential.
It is also essential to record all property damage. If your vehicle is damaged beyond repair 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 clothes and other valuables. You should also keep track of any expenses related to renting a vehicle or traveling to appointments with a doctor.
Insurance companies contact victims of accidents within a short time after a crash to offer settlements prior to when the victim can talk to an attorney. These offers can be tempting however, they don't pay victims for all of their cost of the accident. A skilled attorney can help you reject the lowest settlement offer and ensure that the responsible party is responsible for the full amount of your claim.
Your attorney will gather and review all documentation before sending them to the insurance company of the liable party as part of your claim. They will also negotiate with the insurance company to ensure that you are awarded damages that reflect the real value of your losses.