Truck Accident Compensation
When you are a victim of a truck crash you could receive a call from the insurance company of the driver or provider. It is advised not to contact these people without your attorney present.
You must prove that truck drivers or companies violated their duty of care, and that this negligence caused your accident. You can claim damages for:
Medical expenses
The injuries that result from a truck accident typically require extensive medical treatment. This can lead to expensive hospital bills as well as prescription costs. A lot of victims are unable pay for these costs, and they remain in debt after the accident. Accident victims injured in crashes can recover a range of damages, including their medical expenses.
Medical expenses encompass all out-of budget expenses that result from an injury. They could include Xrays, MRIs and CT scans as well as appointments with a doctor or physical therapy sessions. The out-of-pocket costs can also include the cost of things like crutches and wheelchairs. It is crucial to keep an eye on all medical expenses. An experienced attorney can identify the expenses that are eligible for compensation and help you submit a claim to cover these expenses.
In general, the driver of the truck at fault or their insurance should be responsible for medical expenses. However, they'll only do so if your case settles or a jury will award you compensation following an appeal. It could take years, and, in the meantime you will have to pay for your medical expenses out of pocket.
Insurance companies are in business to cut costs and will employ any trick that they can find to reduce their payouts. Their representatives can appear friendly and helpful, however any comments you make to them may be used against you in the future. Always consult with an experienced legal counsel before speaking with any representative of an insurance company.
A lawyer can help you navigate the claims process and fight for your right to receive full compensation. In some instances you may have to hire a medical expert to establish your injuries and the impact they've had on your life.
Suffering and pain
Getting hit by a semi-truck could cause serious injuries. These injuries are often life-changing and can cause long-term pain and suffering.
Truck accidents can be emotionally devastating because they are so devastating. The victim's family and friends are also more likely to suffer the consequences, such as lost income. If you've suffered severe injuries as a result of a collision with a truck, you can seek damages for your emotional and physical suffering and pain.
The amount you are entitled to receive for this part of your claim might differ. This is because it's often not possible to accurately measure the severity of your suffering and pain. However, there are guidelines that can assist a judge or jury decide how much your injury is worth. These include medical records, evidence of mental health treatment, diaries or other documentation of your daily routine and statements from family members or friends about how the injury has affected them.
Injuries like a fractured spine or spinal cord damage can cause life-threatening pain and loss of mobility. These kinds of injuries are usually life-threatening and require surgical repair and ongoing treatment. They can also cause other psychological and physical symptoms, such as anxiety, depression and fear, shock, insomnia, anger, or post-traumatic stress disorder (PTSD).
If the at-fault party's negligence led to the accident, they should be held accountable for the harm you've incurred. This is even if the driver was not at fault at the time of the accident, such as if they were drunk or violated trucking laws or traffic laws. They could also be held accountable for punitive damage.
Lost wages
If your injuries keep you from working for an extended duration, you may be able to claim back the lost wages. This compensation is based on how much you would have earned had you not missed work because of your injuries from accidents. It doesn't matter if used sick days or vacation time. However, you'll have to provide proof of your losses and earnings to the adjuster of your insurance. This proof can be obtained through a written statement from your physician that specifies your medical condition and the amount of work you should miss, as well as old pay stubs, W-2s and tax returns.
It is important to know that you are also able to claim damages for loss of enjoyment and quality of life. This category of compensation is for injuries that hinder you from participating in your favorite pastimes and activities, such as travel or performing hobbies. You may also be eligible to claim compensation for lost income in the future if your injuries prevent you from returning to the same type of job in future.
Although non-economic damages aren't as tangible than lost wages or other financial losses, they can still be substantial. Examples include discomfort and pain, scarring or disfigurement and loss of enjoyment in daily life. These kinds of damages can be significant for those who have suffered serious injuries from a car crash and, in particular, when the injuries affect internal organs. In extreme instances there may be punitive damages available. These are designed to punish the person who is at fault and stop them from committing similar reckless conduct in the future. These are not common, but they can be awarded if the truck driver was particularly negligent or reckless.
Punitive damages
If your injuries hinder you from working in the same capacity, then you may be able to collect compensation for lost wages. This is a major issue for many victims of truck accidents because they might not be able cover their daily expenses without the income they earned from their job. Your medical bills can also grow quickly. You will require an experienced truck accident lawyer to ensure that you get the maximum amount of compensation possible for your losses.
If the negligence of the truck driver or trucking company caused your injuries, you could be entitled to punitive damages in addition to the compensatory damages discussed above. However, this isn't an easy claim to win. The law governing punitive damages can be quite strict. In order to be awarded this type of award, a plaintiff must demonstrate that the trucking company or its driver committed fraud or willful conduct.
Generally, juries make punitive damages as an attempt to penalize wrongdoers and to send a message that this kind of behavior is not acceptable. If a juror determines that the truck driver was driving their vehicle under the impaired by drugs or speeding and the jury awards hefty punitive damages, they hope this will discourage others from engaging in this shocking conduct in the near future.
It is important to note that you must prove the negligence was not just one incident but rather a recurring pattern of conduct or reckless indifference. In this regard, many truck accident lawyers aren't confident in bringing a punitive damages claim solely on boilerplate allegations of reckless conduct. In a recent case, for example, the court dismissed the punitive damages claim brought against Garkusha who was driving a truck owned by Quality Logistics at the time of his crash with Plaintiff, based on the fact that the Plaintiff failed to present any evidence that Garkusha's conduct prior to and during the incident showed a pattern or reckless indifference to the consequences.
Damages for property damage
Due to their size and weight, semi-trucks, commercial trucks, and other large vehicles can cause more serious injuries when they collide with smaller vehicles. Therefore, the victims can be more severely injured and incur higher medical expenses as compared to other car accidents.
Keep boston truck accident law firm of all expenses and losses related to your accident. This will increase the value of any claim. For instance, if were injured in a truck accident and require multiple procedures, surgeries including physical therapy and prescription medications, record each expense. Record your lost wages, and any future earnings possibilities when you've missed work due to injuries.
The documentation of all property damage is important. If your car is destroyed completely or requires significant repairs, document the current value of the vehicle along with any other personal belongings that were damaged or destroyed during the accident. This includes electronics, furniture clothing, and other valuable items. It is also important to keep track of any expenses that you incur for renting a car or going to appointments with a doctor.
Insurance companies typically contact victims of accidents right after the accident to offer settlements before the victim has an opportunity to speak with an attorney. Although these offers might seem attractive, they often do not compensate victims for all their accident-related expenses. A knowledgeable attorney can help you in avoiding a low settlement and in ensuring that the responsible party is compensated for the full value of your case.
Your lawyer will collect and review all documentation 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.