Truck Accident Compensation
If you're the victim of a truck crash, you may receive contact from the insurance provider of the driver or company's provider. It is recommended to not talk to those individuals unless your attorney is present.
You must prove that truck drivers or companies breached their duty to care, and that the breach caused your accident. The types of damages you could pursue include:
Medical expenses
Injuries that result from a truck accident usually require extensive medical treatment. This could result in high medical bills and prescriptions. Many victims aren't able to pay for these expenses, and they remain in debt even after the accident. Accident victims who are injured can claim many damages, including their medical expenses.
Medical expenses refer to any out of pocket expenses related to an injury. These can include X-rays MRIs, and CT scans, as well as doctor visits and physical therapy sessions. Other out-of-pocket expenses could include the cost of equipment like crutches and wheelchairs. It is essential to keep track of the medical expenses of all patients and keep receipts. An experienced attorney can identify the expenses that are admissible for compensation, and can help you make a claim for these expenses.
In general, the driver of the truck at the fault or their insurance company should be able to cover medical expenses. However, they will only do so if your case is settled or a jury will award you compensation following an appeal. It could take many years and you'll be responsible for paying your medical bills out of pocket.
Insurance companies are in the business of reducing costs and will employ every technique to reduce their payouts. They may appear friendly and helpful, but anything you say to them can be used against you in the future. It is recommended to consult a seasoned legal advocate before speaking with any representatives of insurance companies.
A lawyer can help you navigate the claims process and fight for your right to full settlement. In some instances you may need to employ a medical expert to establish your injuries and the impact they've had on your life.
Suffering and pain
Being struck by a semi-truck can result in severe injuries. These injuries could be life-changing and cause pain and suffering for a long time.
Because truck accidents can be devastating, they can be more emotional than accidents involving smaller vehicles. The victim's family and friends might also suffer more severe consequences like loss of income. If you've suffered severe injuries as a result of a truck crash you may seek compensation for your physical and emotional pain and suffering.
The amount you are entitled to as a result of this portion of your claim may vary. This is because it can be difficult to accurately assess the extent of your suffering and pain. However, there are guidelines that can help a judge or jury determine what your injury is worth. These include medical records, evidence of mental health treatment, diaries, or other records of your daily activities and statements from family or acquaintances about how the injury has affected their lives.
An injury such as a spinal cord injury or a broken back can cause extreme pain and mobility loss. These types of injuries can be life-threatening and require surgical repair and ongoing treatment. They can also cause physical and psychological symptoms such as depression, anxiety as well as shock, fear insomnia, anger, or post-traumatic stress disorder (PTSD).
If the negligent party caused the accident, they are accountable for any damages you suffered. This is true even if the party at fault was not driving at the time the accident took place. For example, 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 may be entitled to compensation for lost wages if your injuries keep you from working for a lengthy period of time. The amount of compensation is in accordance with the amount you would have received had not missed work because of injuries resulting from an accident. It doesn't really matter whether you took sick leave or a vacation. You'll need to provide proof to the insurance adjuster of your income and loss. This evidence can be obtained by submitting a written document from your physician, which details your medical condition and the amount of work you'll have to not miss, along with previous pay stubs, W-2s, and tax returns.
It is important to understand that you are also able to be able to claim damages for loss of enjoyment and quality of life. This compensation is in the event of injuries that prevent you from doing your favorite hobbies or activities such as traveling. You may also be able to recover lost future income if your injuries have permanently prevented you from resuming the same type of employment in the future.
Non-economic damages can be as substantial as financial losses and lost wages. Examples include discomfort and pain, scarring or disfigurement and loss of enjoyment in daily life. These types of damages can be significant for victims who sustained serious injuries as a result of a crash involving a truck particularly when the injuries are to internal organs. In extreme cases punitive damages could be available. These damages are intended to penalize the person responsible and discourage them from repeating the same reckless conduct. These kinds of damages aren't common but may be granted when the truck driver has been deemed to be reckless or negligent.
Punitive damages
If your injuries stop you from working in the same capacity, you might be eligible for compensation for your lost wages. Many victims of truck accidents are concerned about this, because they might not be able to cover their expenses without the income they earned from their job. Additionally, medical bills can mount up quickly. To ensure that you get the most money for your losses, it is essential to hire an experienced attorney who has handled truck accidents.
You may be entitled to punitive damages in addition to compensatory damages. But, this isn't an easy claim to be successful. The law on punitive damages is very strict. A plaintiff must show that the trucking company or driver engaged in fraud, malice or willful misconduct to claim this type of monetary award.
In general, juries award punitive damage in order to penalize the perpetrators of wrongdoing. They also wish to send a clear signal that this kind of behavior will not be tolerated. If flower mound truck accident lawsuit determines that a truck driver was driving their vehicle under the effects of drugs or speeding, and the jury awards hefty punitive damages, they hope that this will discourage others from engaging in similar shocking conduct in the near future.
You have to prove that the conduct was not a singular incident, but rather a pattern of conduct or reckless indifference. Many truck accident lawyers are reluctant to bring a punitive damage claim based on the usual allegations of reckless behavior. In a recent case as an instance, the court struck down a punitive damages claim filed by Garkusha who was driving a Quality Logistics truck at the time of the crash along with Plaintiff. The Plaintiff had failed to provide any evidence that Garkusha's conduct before and during the incident exhibited a pattern of reckless indifference towards the consequences.
Damages for property damage
Due to their massive size and weight semi-trucks, commercial trucks and other large vehicles could cause more severe injuries when they collide with smaller vehicles. The result is that those who are injured in semi-truck accidents can be more severely injured and have higher medical costs than victims in other vehicle accidents.
Keep meticulous logs of all expenses and losses resulting from your accident. This will maximize the value of any claim. For instance, if were injured in a truck accident and require multiple procedures, surgeries, physical therapy, and prescription medications, document every expense. Also in the event that your injuries have caused you to miss work, document the loss of wages as well as future earning potential.
Documenting all property damage is important. If your car is damaged beyond repair or requires major repairs, note the current value of the vehicle with any other personal items that were damaged or destroyed in the accident. This includes electronics, clothing furniture, furniture and other valuable items. You should also keep track of any costs incurred for renting a car or for travel to doctor's appointments.
Insurance companies often contact victims of accidents shortly after an accident to offer settlements prior to the victim has the chance to speak with a lawyer. While these settlements may appear appealing, they typically don't compensate victims for all of their expenses related to accidents. A knowledgeable attorney can help you avoid accepting the lowest settlement offer and ensure that the liable party pays the full value of your claim.
Your lawyer will collect and review all documents prior to making them available to the insurance company of the liable party as part your claim. They will also negotiate with the insurance company to ensure that you receive damages that reflect the real value of your losses.