How to File a Truck Accident Claim
The majority of truck accidents occur by inattention on the part of a trucker or a trucking company. Victims of injuries are usually required to bring a lawsuit to receive full compensation for accident-related costs.
Medical expenses are a expense that victims of accidents involving trucks often need to pay. The insurance company of the responsible party might require an independent medical exam in order to be able to see the extent of your injuries and how they affect your daily life.
Medical Care
When you are in a truck accident it is essential to seek immediate medical care to ensure your health and safety. In getting medical attention as soon as you can aid you to record the injuries you sustained in order to use them as evidence in your claim. It will also help you build an evidence-based case that proves your injuries were caused by the crash.
Medical expenses are a foundational 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 be compensated fully if you do not have solid documentation of your injuries.
In certain situations medical care may be so extensive that it stops you from working or returning to your regular activities. When this happens, you might be able to recover compensation for your lost income. Additionally, you might be eligible for reimbursement for the costs of any assistive devices you need in order to remain as normal as you can.
In any accident, there are many parties that are liable in the consequences of a truck crash. They include:
Truck drivers: Truck drivers can be employees of a company contracted to work for a particular employer or independent owner-operators who operate their vehicles on behalf of their own company or a shipper they contract with. If truck drivers are negligent or reckless, or engaged in unsafe actions on the road, they can be held accountable for the cause of a crash.
Other drivers When the negligence of a driver contributed to an accident, the driver may be held responsible. Other drivers are frequently held responsible for truck accidents, particularly when the driver who was at fault was reckless or was distracted.
The liable parties might try to minimize your claim by shifting blame, recording your statements against you, or tricking you into admitting that they are at fault. This is the reason you need to hire a skilled truck accident lawyer. Your attorney will fight to defend your rights and make sure the responsible party is paid what you owe.
Lost Wages
Truck accidents aren't the commonplace. These accidents are more severe and more likely to cause permanent disability and injury. These crashes also carry heavy loads, which can make the occupants more vulnerable. There are many different types of truck drivers. Owner-operators, who own their vehicles and contract with shippers for a cost to transport goods, or company drivers who drive vehicles owned by their employers. Both can be liable for a crash that involves a commercial vehicle, depending on the circumstances surrounding the accident.
A person who sustains an injury in a truck accident that hinders them from working might be entitled to compensation for lost wages. The amount they could have made during the time they were unable work due to injuries is used to calculate the compensation. This is not just regular salaries, but benefits such as paid time off and overtime.
Before awarding damages for lost wages, a judge typically examines a letter from the injured party's doctor that outlines their treatment plan and explains the reason they were unable to go to work. A letter from the injured party's employer is also required that verifies their salary or hourly wage, and the number of days they were unable to attend work due to their injury.
After the evidence has been gathered, your attorney will prepare an order that outlines the amount you have lost as a result of the accident. The package will be sent out with an explicit message to the insurer of the other driver, providing the facts of the case as well as the extent of your injuries. Negotiations may include back-and forth communication. If a deal cannot be reached, your lawyer will file a suit on your behalf.
In most cases, a person can claim compensation for lost wages through the at-fault driver's liability bodily injury coverage. If this coverage is not available for a person injured by an uninsured or underinsured motorist can make a claim through their own car insurance company up to their personal injury protection (PIP) coverage limit.
Pain and Suffering
Truck accidents can cause physical pain and emotional distress along with financial loss. These losses that are not economic are often more difficult to put a dollar figure on, however they do deserve financial compensation. A skilled New York truck accident lawyer can review your case and determine the worth of your non-economic damages.
A great example of a non-economic loss is the inability to pursue hobbies or take part in your favorite pastimes because of injuries. You could also be missing out on vacations or other activities that make life more enjoyable, and you deserve compensation for this loss. Other examples of non-economic losses include loss of consortium and enjoyment of life.
If you are injured in a collision with a large truck, it's important to seek medical attention as soon as possible. This will not only aid you to keep your health in good shape but will also be an invaluable document for any future personal injuries claims. Even if the incident appears small, it's important to get a thorough analysis. In time an expert medical professional will determine the severity of your injury is and provide you with the appropriate treatment.
The next step is to have your attorney review all the evidence, and then compile a demand letter that sets forth your compensation needs. Your lawyer will then forward the demand letter to the at-fault parties and their insurance companies. Your lawyer will be able to go to trial if they fail to meet your demands. This demonstrates to them that you're not going to compromise and they must be treated with respect if they wish for you to get fair compensation.
Be prepared for the party at fault's insurance provider to contact you regarding the collision and your injuries. They are often "wolves in sheep's clothing," and they will try to get information from you, which they could make up out of context and use against you in court to limit the amount you receive in settlement. By making your lawyer the sole handler of all communications with insurance providers and others, you'll be able to make sure that you don't make any statements that could be used against you.
Damages
Damages are the most significant aspect of any truck accident claim. These could be financial like medical bills and lost wages, or non-economic like suffering and pain. All injuries are the result of negligence. In order to be compensated the victim must prove that the responsible party failed to take reasonable care while operating or maintaining their car or acted in reckless manner while driving.
Even minor accidents could cause devastating injuries due to weight and size. It is imperative to seek immediate medical attention even if your injuries seem minor. This will not only guarantee your health and well-being, but also provide critical evidence for your injury claim. This will help the insurance company comprehend the full extent of your injuries. It could also prevent them from arguing that you are not as seriously injured as you claim.
It is also important to keep track of all expenses incurred in connection with your accident. This will include any expenses you incur in order to get to doctor's appointments or other treatments and also any property damage incurred during the collision. This includes your vehicle that may be damaged in a serious crash and also personal items such as watches and other jewelry.
Insurance companies are often contacted to offer a settlement shortly after the crash. However, you should avoid speaking with them or agreeing to a settlement without consulting a knowledgeable truck accident lawyer. These people will often try to convince you to accept low settlements that don't cover incident-related expenses. A lawyer with experience will be able to examine your records and provide an accurate assessment of your case.
new jersey truck accident attorney will also to determine if additional damages, such as punitive damages are available. These are damages designed to penalize the perpetrator and discourage others from engaging in the same behavior.