How to File a Truck Accident Claim
The majority of accidents on trucks are caused by negligence on the part of a truck driver or trucking company. The victims of injuries are typically required to make a claim to get full compensation for the accident-related costs.
Medical expenses are a cost that victims of truck accidents typically must pay. The insurance company for the responsible party could require an independent medical examination to be able to see the extent of your injuries and how they impact your daily life.
Medical Care
You need to seek immediate medical attention following an accident with a truck to ensure your safety and health. Additionally, seeking medical attention as soon as you can makes it easier to document your injuries to use in your claim. It will also help you build a stronger case that proves your injuries were caused by the crash.
Medical expenses are a crucial element of any claim involving personal injury. They show the severity of your injury and how it has affected your life. Without proper documentation of your injuries, you may be unable to recover the full amount of compensation for all your damages.
In certain instances medical treatment may be so extensive that it prevents you from working or going back to normal activities. In this case you could be eligible for compensation for loss of income. You may also be eligible to receive reimbursement for the cost of any assistive device that you need to live the normal life.
Like any other accident there are many parties that can be held accountable for the crash of a truck. The parties that could be held accountable include:
Truck drivers: Truck drivers may be employees of a company bound by a contract to work for a specific employer, or independent owner-operators who operate their trucks on behalf of the shipper they contract with. Truck drivers who are reckless, negligent or engage in reckless driving can be held responsible for causing an accident.
Other drivers: If another driver's negligence contributed to an accident, the driver might be held liable. Other drivers are typically accountable for truck-related accidents, especially when the other driver was driving recklessly or distracted.
The parties at fault may try to minimize your claim by shifting blame, recording your statements against you, or tricking you into admitting to fault. This is the reason you need to consult with a seasoned truck accident lawyer. Your attorney will fight to protect your rights and make sure the responsible party is paid the amount you are due.
Lost Wages
Truck accidents aren't the commonplace. These accidents are more serious and more likely to cause permanent disability and long-term injuries. They also have heavier loads that can cause more risk to the occupants. There are many different types of truck drivers, including owner-operators who own their own trucks and contract with shippers to haul goods for a fee, or corporate drivers who drive vehicles owned by their employers. Both parties can be held accountable in collisions that involve commercial vehicles, depending on the circumstances.
A person who has been injured in a car crash and is unable to work could be entitled to compensation for the loss of wages. The amount they could have made during the time that they were unable work due to injuries is used to determine the amount of compensation. This includes regular pay along with benefits such as paid time off or overtime.
A judge usually reviews the doctor's note prior to granting damages to the injured party for lost wages. The letter should explain the treatment plan and also as why they were unable go to work. A letter from their employer verifying their hourly wage, salary and the number of days they were unable to work because of the injury is also required.
Once all the evidence is gathered after which your lawyer will draft a demand package that outlines how much you have lost as a result of the truck accident. The package will be sent out with an unambiguous message to the insurance company of the other driver detailing the details of the incident and how you were injured. Negotiations may include back-and forth communication. If a deal cannot be reached your lawyer will file a suit on your behalf.
In the majority of cases, a claimant can recuperate lost wages under the bodily injury liability insurance of the driver who was at the fault. If it is not available or is not available, those injured by an uninsured or underinsured driver can file a claim through their car insurance company, up to their personal injury protection (PIP) coverage limit.
Pain and Suffering
Accidents involving trucks can cause emotional and physical pain in addition to financial loss. These non-economic damages are hard to quantify, yet they deserve monetary compensation. A New York truck accident attorney will review your case to determine the value of your noneconomic damages.
Injury can force you to be unable to participate in your most loved hobbies or pastimes. You may also miss out on vacations and other activities that make life more enjoyable, and you deserve compensation for this loss. Other examples of non-economic losses are loss of consortium and loss of enjoyment of life.
If you've been injured in an accident involving a large truck, it is important to seek medical attention immediately. Not only will this help ensure your health and wellbeing, but it will also serve as critical documentation for any future personal injury claim. It's also important to get an accurate medical assessment even if your injuries seem minor at the time. In time medical professionals will be able to determine the extent of your injury and provide you with the proper treatment.
The next step is to have an attorney review all the evidence and create a demand letter which sets forth your compensation needs. Your lawyer will forward the letter to the parties at fault and their insurance companies. Your lawyer will be able to go to trial if they refuse to comply with your demands. This shows that you're not bending down, and that they should treat you with respect when they are attempting to offer you a fair settlement.
Lastly, be prepared for the party at fault's insurance company to reach out to you concerning the collision and the injuries you sustained. They're often "wolves dressed as sheep," and they'll try to obtain information from you that they may alter out of context and use against you in court to minimize your settlement. You should avoid making statements that may be used against your interests by having your attorney handle all communications with insurers and others.
Damages
The most significant aspect of a truck accident claim involves damages. chandler truck wreck lawyer may be economic like medical bills and lost wages, or non-economic, like suffering and pain. In both cases, however, there is one thing that all damages have in common: they are the result of another party's negligence. To receive compensation the victim must show that the responsible party failed to use reasonable care when operating or maintaining their vehicle or acted recklessly while on the road.
Even minor accidents can result devastating injuries due to weight and size. Even if your injuries are minor it is crucial to seek immediate medical attention. This will not only ensure your health, but it will also provide crucial documentation for any injury claim you might have. This will help your insurance company determine the extent of your injuries, and can help them avoid arguing that you're not really injured as you claim.
It is also important to keep track of all costs incurred in connection with your accident. This includes expenses you incur to get to doctor's appointments or other treatments and any property damage that occurs as a result of the accident. This includes your car, which could be totaled, as well as other personal belongings like watches and jewelry.
It is common for the insurance company to try to contact you within a few hours of your crash to offer an offer of settlement. However, you should steer clear of engaging with them or entering into a settlement without first consulting an experienced truck accident lawyer. They will usually try to convince you to accept low offers that do not cover your incident-related expenses. A lawyer who is experienced can review your records and give you an accurate estimate of the 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 punish the wrongdoer and deter others from engaging in similar actions.