Truck Accident Compensation
You could be contacted by the insurance company of the driver or company if you are the victim of a truck accident. It is advised to not talk to them unless your attorney is present.
You must prove that a truck driver or company violated their duty of care, and that this violation led to your accident. You can seek damages for:
Medical expenses
Injuries resulting from a truck accident often require extensive medical attention. fayetteville truck accident attorney can result in high hospital bills as well as prescription drug costs. Many victims struggle to cover these expenses and are in debt long after the accident occurs. Accident victims who are injured can claim various damages, including their medical expenses.
Medical expenses can include out-of-pocket expenses 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 be included in out-of-pocket costs. It is essential to keep the track of all medical expenses. An experienced attorney can help you determine which expenses are eligible for compensation.
In general, the driver of the truck at the fault or their insurance company should be responsible for medical expenses. However, they will only do so if your case settles, or a jury will award you compensation following an appeal. This could take a long time and you'll be responsible for the medical bills out of pocket.
Insurance companies are in the business of saving money and will employ every trick in the book to cut their payouts. Their representatives may appear welcoming and helpful, but any comment you make to them could be used against you later. Always consult with an experienced legal advocate before speaking with any representative of an insurance company.
Your lawyer can assist you navigate the claims process and fight for your right to receive full compensation. In certain cases you may have to consult with a medical professional to establish your injuries and the impact they have had on your life.
Pain and suffering
A semi-truck collision can result in severe injuries. These injuries are often life-altering and cause long-term suffering and pain.
Because truck accidents are so devastating, they can be more emotional and stressful than crashes that involve smaller vehicles. They can also have greater consequences for the victim as well as their family, including lost income. If you've suffered severe injuries as a result of the accident of a truck, you can pursue damages to cover the physical pain and suffering you endured.
The amount you may be entitled to for this portion of your claim will vary. This is because it's not always possible to accurately assess the severity of your pain and suffering. There are guidelines that judges or jury can use to determine the value of your injury. These include medical records, proof of mental health treatment, diaries, or other records of your day-to-day activities and statements from family or friends about how your accident has affected them.
Injuries such as a damaged spine or damage to the spinal cord can cause life-threatening pain as well as loss of mobility. These injuries are typically life-threatening, and require continual treatment and surgical repair. They can also cause other psychological and physical symptoms, like anxiety, depression, fear, shock, insomnia, anger, or post-traumatic stress disorder (PTSD).
If the negligence of the party at fault caused the accident, they must be held accountable for the damages you've suffered. This is true even if the party at fault was not driving when the accident occurred. For instance, if the person was intoxicated or if they violated traffic or trucking laws. They may also be liable for damages for punitive damage.
Lost wages
If your injuries prevent you from working for a prolonged duration, you may be entitled to recover lost wages. The amount of compensation you receive is determined by how much you would have earned if you hadn't been unable to work because of injury from an accident. It doesn't matter whether you took sick leave or a vacation. You must provide evidence to the adjuster of your income and loss. This evidence can be obtained through written documentation from your doctor that outlines your medical condition and how much work you must not miss, along with the previous pay stubs, W-2s and tax returns.
You can also seek damages if you experience a loss of enjoyment or quality of life. This compensation is in the event of injuries that prevent you from doing your favorite pastimes or hobbies such as traveling. You may also be able to recover lost income if the injuries have stopped you from returning to the same job in the near future.
Non-economic damages can be as substantial as the financial loss and loss of wages. Examples include pain and discomfort in the form of scarring or disfigurement, and loss of enjoyment in life. These types of damages can be significant for those who suffered serious injuries as a result of a crash involving a truck particularly if the injuries affect internal organs. In extreme situations punitive damages could be available. These damages are intended to punish the party responsible and deter them from repeating the same reckless act. These are not typical damages however, they can be granted when the truck driver has been deemed to be negligent or reckless.
Punitive damages
You could be eligible for compensation for loss of earnings if your injuries stop you working in the same capacity. Many victims of truck accidents are worried about this because they may not be able to cover their expenses without the income that they earned from their work. Additionally, medical bills can add up quickly. It is essential to hire a seasoned lawyer for truck accidents to ensure that you get the maximum amount of money that you are entitled to for your losses.
You may be entitled punitive damages in addition to compensatory damages. This isn't an easy claim. The law on punitive damages is very strict. To be eligible for this kind of monetary award, the plaintiff must show that the trucking business or its driver was guilty of fraud or malice, or committed a willful misconduct.
In general, juries award punitive damages in an attempt to punish wrongdoers and to send a message that this kind of behavior will not be tolerated. If a jury determines that truck drivers were operating their vehicle under the influence of drugs or speeding and the jury awards substantial punitive damages, they hope that this will deter others from engaging in the same outrageous conduct in the future.
You must prove that the lapse was not a singular incident, but a pattern of conduct and/or reckless indifference. Many truck accident lawyers are hesitant to file a punitive damages claim based on a boilerplate accusation of reckless conduct. In a recent instance for example, the court dismissed a punitive damages lawsuit brought by Garkusha who was driving a Quality Logistics truck at the time of the accident with Plaintiff. The Plaintiff had failed to present any evidence to show that Garkusha's behavior prior to and during the incident displayed an attitude of indifference towards the consequences.
Damages for property damage
Semi-trucks, trucks, and other large vehicles, because of their size and weight can cause more severe damage when they collide with smaller vehicles. In turn, the victims might suffer more severe injuries and more medical expenses than other victims of car accidents.
To maximize the value of your claim, it is essential to keep meticulous records of all expenses related to accidents and losses. Record every expense, for example, if your injuries were caused by a truck crash, and you require multiple surgeries as well as outpatient treatment including physical therapy, as well as prescription medication. Also in the event that your injuries have caused you to miss work, note lost wages and loss of future earning potential.
It is also crucial to document all property damage. Record the current value of your vehicle as well as any other personal belongings that were damaged or destroyed by the accident. This includes electronics, furniture and clothing, as well as other valuable items. Additionally, if you have had to lease a vehicle or travel for doctor's appointments take note of the expense and record any other costs associated with these trips.
Insurance companies contact victims of accidents within a short time after a crash to offer settlements, before the victim can speak to an attorney. While these offers may seem tempting, they usually don't fully compensate victims for all of their costs related to the accident. An experienced attorney will help you avoid accepting a low settlement offer and ensure that the liable party pays the full amount of your claim.
Your attorney will collect and review all documentation needed before providing it to the responsible insurance company of the parties as part of your claim. They will also negotiate with the insurance company to ensure that you are awarded damages that are proportionate to the worth of your losses.
