How to File a Truck Accident Claim
Most truck accidents are caused by negligence on the part the truck driver or a trucking company. Victims of injuries often need to file a lawsuit to obtain full compensation for incident-related costs.
Medical bills are a cost that victims of truck accidents typically need to pay. Insurance companies can request an independent medical examination to determine the extent of your injuries and their impact on your daily activities.
Medical Care
If you're involved injured in a collision with a truck and require medical care to ensure your safety and health. In addition, getting medical attention as quickly as possible will make it easier to record your injuries in your claim. This will also help you build an argument that your injuries were caused because of the accident.
Medical expenses are a crucial part of any personal injury claim. They reveal the extent of your injuries and how they have affected your life. You may not be able get the full amount of compensation if do not have evidence of your injuries.
In some instances medical attention may be so extensive that it stops you from working or going back to normal activities. In this case you could be entitled to compensation for your loss of income. You could also be eligible for reimbursement of the cost of any assistive device you need to live a normal life.
As in any accident, there are a variety of parties who can be held responsible for the consequences of a truck crash. These parties include:
Truck drivers: They can be employees of a company or contract employees who are required to drive for a particular employer, or independent owner-operators. They operate their trucks for them or the shipper with whom they have agreements. Truck drivers who are negligent, reckless or engage in unsafe driving could be held accountable for the cause of an accident.
Other drivers: If another driver's negligence led to the crash, that driver could be held responsible. Other drivers are usually held responsible for truck accidents, especially when the driver who was at fault was reckless or distracted.
The liable parties might try to deny your claim by shifting blame, recording your statements against you, or bribing you into admitting that they are at fault. You need to hire an experienced truck accident lawyer. Your lawyer will defend your rights and ensure the responsible party pays you what you are owed.
Lost Wages
While fender-benders as well as parking lot scrapes are normal for passenger vehicles however, the same can't be said about truck accidents. These collisions are more serious and are more likely to cause permanent injuries and disabilities. They also carry more weighty loads that could put the occupants at risk. There are many different types of truck drivers. Owner-operators, who own their vehicles and contract with shippers for a cost to haul goods or company drivers who drive vehicles owned by their employers. Both can be liable in a collision that involves commercial vehicles, based on the circumstances of the crash.
Anyone who suffers an injury in a car accident that stops the person from working could be eligible for compensation for lost wages. These are calculated in relation to the amount the money they could have earned during the time they were unable to work because of their injuries. This includes regular salaries and benefits like paid time off or overtime.
A judge will usually review the doctor's statement prior to awarding damages to the person who was injured for the loss of wages. The letter should explain the plan of treatment as well as the reason they were unable to get to work. A letter from their employer that confirms their earnings, hourly wage and the number of days that they were unable to work due to their injury is also required.
Once the evidence is gathered, your attorney will prepare an order which outlines the amount you've lost as a result of the accident. This is then sent to the insurer of the other driver. The package includes an unambiguous message that outlines the facts of the case, how you were injured and the amount you're seeking. There may be a back and forth communication during the negotiation process and if an agreement is not reached, your attorney will bring a lawsuit on your behalf.
In most cases, a person who is claiming damages can recuperate lost wages under the bodily injury liability insurance of the driver who was at fault. If this coverage is not available or not available, the person who was injured by an uninsured or underinsured driver can make a claim through their own insurance company to the extent of their personal injury protection (PIP) coverage limit.
Pain and Suffering
Accidents with trucks can cause emotional and physical pain along with financial loss. These non-economic losses are typically difficult to quantify a dollar amount on, yet they do warrant monetary compensation. A New York truck accident attorney can evaluate your case to determine the value of your non-economic damages.
killeen truck accident attorney of an economic loss is the inability to pursue hobbies or participate in favorite pastimes due to injuries. You might miss out on vacations or other events that make your life enjoyable. You deserve compensation for these losses. Other examples of non-economic losses are loss of consortium and loss of enjoyment of life.
It is imperative to seek prompt medical attention for any injury that results from a crash involving large trucks. This will help you maintain your health but will also be an important document to file any future personal injuries claims. Even if the injury appears minor, it's essential to get a thorough analysis. In time an expert medical professional will determine how serious your injury really is and will provide you with the appropriate treatment.
Then, your attorney will go through all the evidence and then draft a demand letter outlining your compensation requirements. The lawyer will send the letter to the parties responsible and their insurance companies. If they don't agree to your demands your lawyer will be prepared to take them to court. This is a sign that you're not bending down and that they must respect you when they are attempting to offer you a fair and reasonable amount.
Lastly, be prepared for the party at fault's insurance provider to contact you about the collision and the injuries. They're often "wolves dressed as sheep," and will attempt to obtain information from you, which they could twist out of context and use against you in court to minimize the amount you receive in settlement. By making your lawyer the sole handler of all communications with insurance providers and other parties, you will stay clear of making statements that could be used against you.
Damages
Damages are the most important element of any truck accident claim. The damages can be either economic (medical expenses or lost wages) or non-economic (pain and suffering). All damage is caused by negligence. To be awarded compensation the victim must prove that the person responsible did not exercise reasonable care while operating or maintaining their vehicle or acted recklessly while on the road.
Due to the huge weight and size of these vehicles, the victims may suffer severe injuries even in minor accidents. Even if you feel that your injuries aren't serious it is crucial to seek medical attention immediately. This will not only guarantee your health and well-being but also provide crucial evidence for a potential injury claim. This will allow the insurance company to know the full extent of your injuries and could prevent them from arguing that you're not as injured as you claim.
Additionally, it is crucial to keep a record of all expenses associated with your accident. You will need to keep the track of any travel expenses you incur to get to doctor's appointments or other treatments. Also, any property damage caused by the accident. This includes your vehicle that could be damaged to the point of total loss in addition to other personal belongings like watches and jewelry.
It is not uncommon for the liable party's insurance company to try to reach you soon after your accident to offer an offer of settlement. But, you should stay clear of talking to them or agreeing to a settlement without consulting a knowledgeable truck accident attorney. They will often attempt to entice you to accept lower offers that do not provide enough coverage for the costs associated with your accident. A lawyer with expertise will be able to examine your records to provide you with an accurate estimate of the case.
Your lawyer can also to determine if additional damages, such as punitive damages, are offered. These are damages intended to punish the culprit and deter others from engaging in similar actions.