Truck Accident Compensation
You may be contacted by the insurance company of the driver or the company if you are the victim of a crash involving a truck. It is advised to not talk to these individuals unless you have an attorney present.
You must prove that a truck driver or company breached their duty to care, and that this breach caused your accident. You may claim damages for:
Medical expenses
The injuries that result from a truck accident often require extensive medical care. This could result in costly hospital bills and prescription drug costs. Many victims aren't able to pay for these costs and are left in debt even after the accident. Accident victims who are injured can claim various damages, including medical expenses.
Medical expenses include all out-of the pocket expenses incurred as a result of an injury. They could include X-rays MRIs, and CT scans, as well as physical therapy and doctor's sessions. Out-of-pocket expenses can also include the cost of items such as crutches and wheelchairs. It is important to keep the track of all medical expenses. An experienced attorney can assist you determine which expenses are eligible for compensation.
In general, the truck driver at fault or their insurance company should cover your medical expenses. However, they'll only pay when your case settles or a jury will award you compensation following a trial. This could take a long time and you will be responsible for paying your medical bills out of pocket.
Insurance companies are in business to make money and employ any method that they can find to reduce their payouts. Their representatives are often friendly and helpful, but any statements you make to them could be used against you in the future. Always consult a lawyer with experience before speaking with anyone from insurance companies.
Your lawyer can help navigate the claims process and fight for your right to full compensation. In some instances, you may need to engage a medical professional to demonstrate your injuries and the impact they have had on your life.
Pain and suffering
A semi-truck accident can cause serious injuries. These injuries are often life-changing and can cause long-term suffering and pain.
Because truck accidents are destructive, they can be more emotionally traumatic than crashes which involve smaller vehicles. The family members of the victim may also suffer greater consequences including loss of income. If you've suffered serious injuries due to an accident with a truck, you may be able to sue for damages to pay for the physical pain and suffering you endured.
The amount you are entitled to receive for this portion of your claim could vary. This is because it's often not feasible to accurately determine the severity of your suffering and pain. There are guidelines that a judge or jury could follow to determine the worth of your injury. This could include medical documentation of your injuries evidence of a mental health professional's treatment diaries or other forms of documentation regarding your day-to-day activities, and even statements from friends or family members about the impact your injury has had on them.
Injuries such as a spine cord injury or a fractured back can result in severe pain and mobility loss. These kinds of injuries are usually life-threatening and require surgical repair as well as ongoing treatment. They can also cause other psychological and physical symptoms, like anxiety, depression as well as shock, fear anger, insomnia or post-traumatic stress disorder (PTSD).
If the fault of the responsible party caused the accident, they have to be accountable for the injuries you've suffered. This applies even if they were not driving at the time of the crash for instance, if they were drunk or had violated traffic or trucking laws. They can also be liable for punitive damages.
Lost wages
If your injuries prevent you from working for a prolonged period, you may be able to claim back lost wages. This compensation is calculated in accordance with the amount you would have received had you not missed work due to your injuries from accidents. It doesn't matter if you took sick leave or vacation. However, you'll have to provide proof of your earnings and losses to the adjuster of your insurance. This proof can be obtained by submitting a written document from your physician that specifies your medical condition and the amount of work you are required to not miss, along with old pay stubs, W-2s and tax returns.
You can also seek damages in the event of a loss of enjoyment or quality of life. This compensation is for injuries that stop you from participating in your preferred activities or hobbies, such as travelling. You can even recover the loss of future income if your injuries have permanently prevented you from returning to the same job in the future.
While non-economic damage is less tangible than lost wages or other financial losses, they can be significant. Examples include pain and discomfort, scarring or disfigurement and loss of enjoyment in daily life. These kinds of damages can be significant for those who have suffered severe injuries as a result of a crash involving a truck particularly when the injuries involve internal organs. In extreme instances punitive damages could be available. These damages are designed to penalize the person responsible and deter them from repeating the same reckless behavior. These types of damages are very rare however, they can be awarded if the truck driver was particularly negligent or reckless.
Punitive damages
You could be entitled to compensation for the loss of earnings if you are injured and prevent you working in the same capacity. Many truck accident victims are concerned about this, as they may be unable to meet their daily expenses without the income they earned from their jobs. In addition, your medical bills can mount quickly. You will require an experienced truck accident lawyer to ensure that you get the maximum amount of money that you are entitled to for your losses.
If the negligence of the truck driver or trucking company caused your injuries, you may be entitled to punitive damages in addition to the compensatory damages described in the previous paragraphs. This is not a simple claim to make. The law regarding punitive damages can be quite strict. To be eligible for this type of monetary award, a plaintiff must prove that the trucking company or its driver was guilty of fraud or willful wrongdoing.
In general, juries award punitive damage in an effort to punish wrongdoers. They also seek to send a clear signal that such behavior will not be tolerated. For instance the case where a jury discovers that the driver of the truck was operating their rig while under the influence of alcohol or drugs or speeding, the goal is that the substantial punitive damages award will deter others from engaging in this sort of conduct in the future.
You must prove that the lapse was not a singular incident, but a pattern of conduct or reckless indifference. Because of this, a lot of truck accident attorneys are not comfortable bringing a punitive damages claim based solely on boilerplate claims of reckless behavior. In san francisco truck accident law firm , for example the court ruled against the punitive damages claim made against Garkusha who was driving a truck owned by Quality Logistics at the time of his collision with Plaintiff, because the Plaintiff did not offer any evidence that Garkusha's behavior prior to and during the crash showed a pattern or a lack of attention to the consequences.
Damages to Property Damage
Semi-trucks, trucks and other large vehicles due to their size and weight, can cause more severe injuries when they collide with smaller vehicles. In turn, the victims might be more severely injured and incur higher medical expenses than victims of other car accidents.
Keep meticulous logs of all expenses and losses associated with your accident. This will increase the value of any claim. Keep track of each expense, such as in the event that your injuries were triggered by a collision with a truck, and you require multiple surgeries as well as outpatient treatment such as physical therapy or prescription medication. Keep track of your lost wages and any future earnings potential, in the event that you missed work due to injuries.
It is also essential to document any damage to property. If your car is damaged beyond repair or requires major repairs, document the current value of the vehicle with any other personal belongings that were damaged or destroyed in the accident. This includes furniture, electronics, clothing and other valuables. In addition, if had to lease a vehicle or travel for doctor appointments, record the expense and record any other expenses related to these trips.
Insurance companies typically contact accident victims shortly after a crash to offer settlements prior to the victim has an opportunity to speak with a lawyer. Although these offers might seem attractive, they often do not compensate victims for all the expenses incurred by accidents. A skilled lawyer can assist you in avoiding accepting a low settlement offer and ensure that the liable party is responsible for the full amount of your claim.
Your attorney will collect and review all documentation needed before submitting it to the liable parties' insurance company as part of your claim. They will also negotiate with the insurance company to ensure that you are awarded damages that reflect the true value of your losses.