Truck Accident Compensation
You could be contacted by the insurance company of the driver or the company when you are the victim of a truck crash. It is recommended to not talk to the insurance company unless your attorney is present.
In order to receive compensation to claim compensation, you must show that the truck driver or company acted in breach of their duty of care and this breach caused your accident. You may seek damages for:
Medical expenses
The injuries sustained in a truck accident typically require extensive medical treatment. This could result in high hospital bills and prescription costs. Many victims struggle to pay these costs and end up in debt long after the incident occurs. Accident victims who are injured can claim various damages, including their medical expenses.
Medical expenses encompass all out-of cost expenses incurred by an injury. These expenses may include X-rays MRIs and CT scans as in addition to doctor's appointments and physical therapy sessions. The cost of wheel chairs and crutches can also be a part of out-of-pocket expenses. It is crucial to record all medical expenses and keep receipts. An experienced attorney can assist you determine which expenses are eligible for compensation.
Generally speaking, the at fault truck driver or their insurance policy must cover your medical expenses. They will not be able to pay your medical expenses until you've resolved your case, or the jury has awarded you compensation after the trial. This could take a long time, and during that time, you'll be required to pay for your medical expenses out of your own pocket.
Insurance companies are in the business of saving money and will employ every technique to reduce their payouts. Their representatives may appear friendly and helpful, however any comments you make to them can be used against you later. It is always best to consult a seasoned legal counsel before speaking with any representatives from insurance companies.
Your lawyer can assist you with the claims process and help you to fight for the full settlement. In certain cases you may be required to hire a medical expert to demonstrate your injuries and the impact they've had on your life.
Suffering and pain
A semi-truck collision could cause serious injuries. These injuries are often life-changing and cause long-term pain and suffering.
Truck accidents can be more emotionally traumatic because they are so devastating. They also have greater consequences for the victim and their family, including lost income. If you've sustained serious injuries as a result of a collision with a truck, you can seek damages for your physical and emotional suffering and pain.
The amount you are entitled to receive for this part of your claim may differ. This is because it's often not feasible to accurately determine the degree of your suffering and pain. There are guidelines that judges or jury may use to determine the worth of your injury. These include medical records, proof of mental health treatment, diaries, or other documentation of your daily routine and declarations from family and friends on how the injury has affected their lives.
Injuries like a fractured spine or damage to the spinal cord can cause life-threatening pain as well as loss of mobility. These injuries are usually life-threatening, and require ongoing treatment and surgical repair. They can also trigger other physical and psychological symptoms like anxiety, depression, fear, shock, insomnia, anger or post-traumatic stress disorder (PTSD).
If the party who was negligent caused the accident, then they are liable for any damages you suffered. This is true even if the at-fault party was not driving when the accident occurred. For instance in the event that the driver was drunk or had a violation of traffic or trucking laws. They could also be held liable for punitive damage.
Lost wages
If your injuries keep you from working for an extended time, you could be able to claim back the lost wages. The amount of compensation is based on the amount you could have earned had you not missed work due to the injuries you sustained in an accident. It doesn't matter if used sick days or vacation time. However, you'll need to prove your earnings and losses to the adjuster of your insurance. This is done through obtaining a written statement from your doctor detailing your medical condition and the time you'll miss from work, and your previous pay statements.
It is important to remember that you are also able to claim damages for loss of enjoyment and quality of life. This is compensation for injuries that stop you from engaging in your favorite activities or hobbies like travel. You may also be able to get compensation for future income loss when your injuries hinder you from returning to the same type of job in the future.
While non-economic losses are less tangible than lost wages or other financial losses, they can still be substantial. Examples include pain and discomfort, scarring or disfigurement and loss of enjoyment in daily life. scottsdale truck wreck lawyer can be significant especially for those who suffered serious injuries from a truck accident, particularly if the injuries are internal organ-related. In extreme situations, punitive damages may be available. These damages are designed to punish the party at fault and discourage them from repeating the same reckless conduct. These types of damages are very rare however they may be awarded when the truck driver was negligent or reckless.
Punitive damages
If your injuries stop you from working in the same capacity, you might be eligible to receive compensation for your lost wages. Many victims of truck accidents are worried about this, because they may not be able to pay their daily expenses without the income that they earned from their work. Medical bills can grow quickly. To ensure that you receive the maximum compensation for your losses, you need an experienced attorney who has handled truck accidents.
You may be entitled to punitive damages in addition to compensatory damages. This isn't a straightforward claim. The law governing punitive damages is extremely strict. In order to be awarded this type of monetary award, a plaintiff must show that the trucking business or its driver was guilty of fraud or willful infractions.
In general, juries award punitive damage in order to punish wrongdoers. They also wish to send a clear message that such conduct will not tolerated. For instance when a jury determines that the truck driver was operating their truck under the influence of intoxicating drugs or speeding up, the hope is that the large punitive damages award will deter others from engaging in this sort of behavior in the future.
You have to prove that the conduct was not a singular incident, but a pattern of conduct or reckless indifference. This is why a lot of truck accident lawyers are not confident in bringing a punitive damages claim based solely on boilerplate claims of reckless behavior. In a recent case, for instance, the court disallowed a punitive damages claim filed by Garkusha who was driving a Quality Logistics truck at the time of the accident with Plaintiff. The Plaintiff did not provide any evidence that Garkusha's actions prior to and during the incident showed an unpredictability to the consequences.
Damages to Property Damage
Semi-trucks, trucks and other large vehicles because of their size and weight, can cause more serious damage when they collide with smaller vehicles. As a result, victims of semi-truck accidents could be more severely injured and have higher medical costs than those who suffer injuries in other vehicle accidents.
To maximize the value of your claim it is essential to keep a detailed record of all costs associated with accidents and losses. For example, if you have been injured in a car accident and require multiple procedures, surgeries or physical therapy, as well as prescription drugs, note each expense. Also, if your injuries have caused you to miss work, write down the loss of wages and future earnings potential.
It is also essential to document all property damage. If your vehicle is damaged beyond repair or requires significant repairs, record the current value of the vehicle with any other personal belongings that were damaged or destroyed during the accident. This includes electronics, furniture and clothing, as well as other valuable items. You should also keep track of any costs incurred for renting a car or going to appointments with a doctor.
Insurance companies contact victims of accidents shortly after an accident and offer settlements, before the victim has the opportunity to speak with an attorney. These offers may be tempting, however, they don't pay victims for all of their costs incurred as a result of the accident. A skilled lawyer can help you avoid accepting a low settlement offer and ensure that the responsible party pays the full value of your claim.
Your lawyer will collect and review all documents prior to sending them to the insurance company of the responsible party as part your claim. They will also negotiate directly with the insurance company in order to receive damages that are fair and reflect the true value.