How to File a Truck Accident Claim
The majority of truck accidents happen by negligence on the part a trucker or trucking firm. Injured victims typically have to file a lawsuit in order to get full compensation for the incident-related costs.
Medical bills are a cost that victims of accidents involving trucks often must pay. Insurance companies can require an independent medical examination to determine the severity of your injuries and their impact on your daily routine.
Medical Care
You need to seek immediate medical attention following an accident with a truck to ensure your health and safety. Additionally, seeking medical help as soon as you can will make it easier to record your injuries in your claim. This will also help you to create stronger evidence that your injuries were the result due to the accident.
Medical expenses are an essential component of any personal injury claim. They show the severity of your injury and how it has affected your life. You may not be eligible to be compensated fully if you do not have proof of your injuries.
In certain situations medical care may be too extensive to prevent you from working or returning to normal activities. In this case you may be able to claim compensation for the loss of income. Additionally, you might be eligible for reimbursement for the expense of any assistive equipment you need in order to live your life as normal as is possible.
In any accident, there are many parties who can be held responsible for the consequences of a truck crash. They include:
Truck drivers: Truck drivers can be employees of companies who are contracted to work for a certain employer or an independent owner-operators who operate their vehicles on behalf of themselves or a shipper they contract with. Truck drivers who are reckless, negligent or engage in reckless driving could be held accountable for the cause of an accident.
Other drivers: If the negligence of another driver caused an accident, that driver may be held responsible. Other drivers are often held responsible for truck-related accidents, especially when the other driver was driving recklessly or distracted.
The liable parties may try to minimize your claim, by deflecting the blame by recording your statements against you, or deceiving your into admitting fault. You need to hire an experienced truck accident attorney. Your lawyer will fight for your rights and make sure the liable party pays you what you're due.
Lost Wages
While fender-benders and parking area scrapes are normal for passenger cars but the same cannot be said about truck crashes. These crashes are more severe and more likely cause permanent disability and long-term injuries. These crashes also carry larger loads, which could cause occupants to be at risk. There are a variety of truck drivers. Owner-operators who own their own vehicles and contract with shippers for a cost to haul goods or company drivers, who drive vehicles owned by their employer. Both of them can be held accountable in a crash involving commercial vehicles, based on the circumstances of the incident.
Anyone who is injured in a car crash and cannot work may be entitled to compensation for the loss of wages. They are according to the amount of earnings they could have made while they were unable to work because of their injuries. This includes regular salaries along with benefits such as paid time off or overtime.
A judge usually reviews the doctor's statement prior to awarding damages to the injured party for the loss of wages. The letter should outline the treatment plan and also as the reasons they were unable go to work. A letter from the injured party's employer is also required. It verifies their salary or hourly wage, as well as the number of days they were unable to go to work due to their injury.
Once all evidence has been gathered, your lawyer will prepare an order form that outlines the amount you've lost due to the truck crash. This is then sent to insurer of the other driver. The package includes a clear statement that outlines the facts of the situation and the extent of your injuries and the amount you're seeking. Negotiations may include back-and forth communications. If an agreement is not able to be reached the lawyer will file a suit on your behalf.
In the majority of instances, a plaintiff is able to get the compensation for lost wages via the liability bodily injury insurance. If this is not possible, an injured person can file a claim with their own auto insurance company. It will only be limited to the maximum amount of their personal injury protection policy (PIP).
Suffering and Pain
In addition to financial loss truck accidents often cause significant physical pain and emotional distress. These non-economic losses are typically harder to estimate a dollar value on, but they nevertheless warrant monetary compensation. augusta truck wreck lawyer can review your case and determine the potential value of your non-economic damages.
Injuries can cause you to not be able to engage in your preferred hobbies or pastimes. You may also miss out on vacations and other activities that enrich your life and you are entitled to compensation for this loss. Loss of consortium and loss in enjoyment of life are also examples of non-economic damages.
If you've been injured in an accident with a large truck, it is crucial to seek medical attention promptly. Not only will this ensure your health and wellbeing, but it will also be an important document for any future personal injury claim. Even if the incident appears minor, it's important to have a thorough evaluation. In time, medical professionals can determine the severity of your injury and give you the appropriate treatment.
Your attorney will review all of the evidence and then draft an official demand letter describing your requirements for compensation. Your lawyer will forward the letter to the responsible parties and their insurance companies. Your lawyer will be able to bring them to trial if they fail to adhere to your demands. This shows that you're not bending down, and that they should treat you with respect in the event that they want to pay you a fair amount of compensation.
Be prepared for the insurance company of the party at fault to contact you about the accident and any injuries that you sustained. They are often "wolves in sheep's clothes," and will attempt to get information from you that they can twist out of context and use against you in court to reduce the amount you receive in settlement. By having your lawyer handle all communications with insurance companies and others, you'll be able to be sure to avoid making statements that could be used against you.
Damages
The most important thing to consider is the damages element of any truck accident claim. Damages can be economic (medical bills or lost wages) or non-economic (pain and suffering). In both instances however, there is one thing that all damages share that they result of the negligence of another party. To receive compensation the victim must prove that the party responsible did not exercise reasonable care while operating their vehicle or was reckless while driving.
As a result of the enormous weight and size of these vehicles, victims can suffer devastating injuries even in minor of accidents. It is essential to seek medical attention immediately even if the injuries seem minor. This will not only guarantee your health and well-being, but also provide critical evidence for your injury claim. This will allow your insurance company to know the full extent of your injuries, and may prevent them arguing that you're not as injured as you claim.
It is also essential to keep a record of all costs related to your accident. You will need to keep an eye on any travel expenses you incur in order to get to doctor's appointments or other treatments. Also the property damage that is caused by the accident. This includes your vehicle that could be destroyed in a serious crash, and also personal items such as watches and other jewelry.
It is common for the liable party's insurance company to try to reach you shortly after your crash to offer an offer of settlement. It is not advisable to contact them or accept a settlement offer prior to consulting with a knowledgeable truck accident lawyer. These representatives often try to lure you into accepting lower offers that do not provide enough coverage for the costs associated with your accident. A lawyer who is knowledgeable will be able to review your documents and provide an accurate estimate of the case.
Your lawyer will also determine if any additional damages, such as punitive damages are available. These are damages that are intended to penalize the perpetrator and discourage others from engaging in similar behavior.